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 Missouri, statutory rape is defined under Missouri Revised Statutes Sections 566.032 and 566.034. The age of consent in Missouri is 17 years old. Sexual intercourse with someone under the age of 14 is considered Statutory Rape in the First Degree, which is a felony. If the victim is between 14 and 17 years old and the offender is 21 years old or older, it is also considered Statutory Rape in the Second Degree, which can be charged as a felony or misdemeanor based on the circumstances. Missouri does have a close-in-age exemption, commonly known as a Romeo and Juliet law, which allows for consensual sexual activity between parties who are close in age. Specifically, if the individuals are within four years of age, there may be an exemption provided that the youngest person is at least 14 years old. However, this exemption does not apply if one of the parties is in a position of authority over the other or if the older party is 21 or older.