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 North Dakota, statutory rape laws criminalize sexual intercourse with a person under the age of consent, which is 18 years old. These laws are based on the principle that individuals below this age are not legally capable of consenting to sexual activity. The severity of the charge, whether a misdemeanor or felony, depends on various factors, including the ages of the individuals involved and the specific circumstances of the sexual act. North Dakota does have a 'Romeo and Juliet' law, which provides a defense for individuals who engage in sexual activity when they are close in age. Specifically, if the individuals are within three years of age of each other and the youngest is at least 15 years old, the older individual may have a defense against charges of statutory rape. This close-in-age exemption is designed to prevent the criminalization of consensual sexual activities between peers. An attorney can provide more detailed information about how these laws might apply in specific situations.