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 Florida, statutory rape laws are codified under Florida Statutes Section 794.05, which makes it illegal for a person over the age of 24 to have sexual intercourse with a person who is 16 or 17 years old. This is considered a second-degree felony. Florida's age of consent is 18, but the state does have a 'Romeo and Juliet' law, which can exempt some young adults from the more severe penalties of statutory rape laws. This law, found in Florida Statutes Section 943.04354, allows individuals who are close in age to engage in consensual sexual activity without the fear of legal repercussions, provided certain conditions are met. For instance, the younger person must be at least 14 years old, and the age difference between the two individuals must be no more than four years. Additionally, the older individual must not be a registered sex offender. The 'Romeo and Juliet' law in Florida is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are close in age, recognizing that such situations do not necessarily entail the same level of exploitation or harm that statutory rape laws are designed to prevent.