Most states make it a criminal offense (statutory rape) to have sexual intercourse with a person under the age of consent—which is usually between 16 and 18 years of age. These laws are premised on the belief that a person under the age of consent is not capable of giving informed consent to sexual intercourse—even if the person was a willing participant. Statutory rape may be prosecuted as a misdemeanor offense or as a felony offense—depending on the state’s laws and the ages and circumstances of the sexual activity.

But many states recognize a defense to such a criminal offense if the persons engaged in the sexual activity were close in age—within three years, for example—provided the persons were at least 14 years of age, for example. These laws are sometimes called Romeo-and-Juliet laws, and are usually located in a state’s statutes, in the penal or criminal code.

In Colorado, the age of consent is 17 years old, meaning that any sexual activity with someone under this age may constitute statutory rape. Colorado law recognizes a 'close-in-age' exemption, often referred to as a Romeo-and-Juliet law, which allows for consensual sexual activity between minors who are close in age. Specifically, if an individual is 15 or 16 years old, they can legally consent to sex with someone who is less than 10 years older than them. Additionally, those who are at least 14 but less than 15 can legally consent to sex with someone who is less than four years older. This exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are close in age and maturity. However, if the age difference is beyond these specified ranges, or if one party is below 14 years of age, the older party may face charges ranging from misdemeanors to felonies, depending on the circumstances.