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 Nevada, the age of consent is 16 years old, meaning that individuals under this age are not legally capable of consenting to sexual activity. Nevada's statutory rape laws are codified under NRS 200.364 and related statutes. If an adult engages in sexual conduct with a minor under the age of 16, it is considered statutory rape and can be charged as a misdemeanor or felony, depending on the circumstances, such as the age difference between the parties and whether force or threat of force was used. Nevada does have a 'close-in-age' exemption, commonly known as a Romeo and Juliet law, which provides that consensual sexual acts between minors who are at least 14 years of age and not more than three years apart in age may not be prosecuted. However, this exemption does not apply if one of the parties is under the age of 14 or if the older party is in a position of authority over the younger party. It's important for individuals to be aware of these laws to avoid legal repercussions related to sexual conduct with minors.