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 Louisiana (LA), the age of consent is 17 years old, meaning that anyone under this age is legally considered incapable of consenting to sexual activity. Louisiana law criminalizes sexual intercourse with a person under the age of consent under its statutory rape laws. Depending on the circumstances, such as the ages of the individuals involved and the nature of the sexual activity, statutory rape can be prosecuted as either a misdemeanor or a felony. Louisiana does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption typically applies when the individuals involved in the sexual activity are close in age to each other, usually within a four-year age difference, and the younger person is at least 13 years old. However, this exemption does not apply if the older person is in a position of authority over the younger person. It's important to note that even with the close-in-age exemption, sexual activity with someone under the age of consent can still be illegal under certain circumstances.