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 New Jersey, statutory rape is legally referred to as 'sexual assault.' The age of consent in New Jersey is 16 years old. This means that individuals under the age of 16 cannot legally give consent to engage in sexual activity, and doing so may result in charges of statutory rape. New Jersey does have a 'close-in-age' exemption, commonly known as a 'Romeo and Juliet' law. This exemption protects individuals from severe penalties if they engage in consensual sexual activity when both participants are close in age. Specifically, if one partner is at least 13 years old and the other partner is not more than four years older, it is not considered a criminal offense. However, if the age difference is greater, or if one individual is under the age of 13, the older individual may face charges ranging from a misdemeanor to a felony, depending on the circumstances. An attorney can provide more detailed information about how these laws may apply in specific situations.