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 Kansas, the age of consent is 16 years old, which means that any sexual activity with a person under this age may be prosecuted as statutory rape. Kansas law recognizes statutory rape as a serious offense and does not have a close-in-age exemption, often referred to as 'Romeo-and-Juliet' laws, that some states use to protect from prosecution individuals who engage in consensual sexual activities when both participants are close in age and one or both are below the age of consent. Therefore, in Kansas, even if the individuals are close in age, if one party is under the age of 16, the older party may be charged with statutory rape. The severity of the charge can vary depending on the ages of the individuals involved and the circumstances, with potential charges ranging from misdemeanor to felony offenses.