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 Idaho, statutory rape laws are codified under Sections 18-6101 and following of the Idaho Code. The age of consent in Idaho is 18 years old, which means that individuals under this age are not legally capable of consenting to sexual activity. Engaging in sexual intercourse with someone under the age of consent can lead to charges of statutory rape. Idaho law does not provide a close-in-age exemption, often referred to as a 'Romeo and Juliet law,' which means that even consensual sexual activity between parties close in age can result in criminal charges if one of the parties is under 18. The severity of the offense and the associated penalties can vary depending on the ages of the individuals involved and the specific circumstances of the case. Statutory rape in Idaho can be prosecuted as a misdemeanor or a felony, with more severe penalties for cases involving younger victims or larger age differences.