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 Michigan, the age of consent is 16 years old, which means that any sexual activity with someone under this age may constitute statutory rape, a criminal offense. Michigan law recognizes that individuals close in age should be treated differently, and thus, has a 'Romeo and Juliet' law to provide an exception to the strict statutory rape laws. This law provides that if the parties engaged in sexual activity are within a certain age range of each other and one of them is below the age of consent but at least 13 years old, the older individual may be exempt from prosecution for statutory rape. Specifically, if the younger person is between 13 and 16 years old and the older person is not more than four years older, the act may not be considered criminal sexual conduct. However, this exception does not apply if the conduct is forced or coerced. It's important to note that even with the 'Romeo and Juliet' law, there can be legal consequences for sexual activities involving minors, and the specifics of each case can affect the legal outcome. An attorney can provide guidance on how the law applies to particular circumstances.