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 Minnesota, statutory rape laws are codified under Minnesota Statutes Section 609.34x, which define criminal sexual conduct. The age of consent in Minnesota is 16 years old. Individuals under the age of 16 cannot legally consent to sexual activity, and engaging in such activity with them may result in statutory rape charges. Minnesota law recognizes several degrees of criminal sexual conduct, with the severity of the charge depending on factors such as the age difference between the parties and the use of force or coercion. Minnesota does have a 'Romeo and Juliet' law, which provides an exception for individuals who are close in age. Specifically, if the sexual activity is consensual and the individuals are within a certain age range of each other (usually no more than four years apart), and the younger person is at least 13 years old, the older individual may have a defense against charges of statutory rape. However, this exception does not apply if the conduct falls under first-degree criminal sexual conduct. It is important for individuals to understand that even with the 'Romeo and Juliet' law, there can be legal consequences for sexual activities with minors. An attorney can provide specific legal advice tailored to the circumstances of any case involving these laws.