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 York, statutory rape laws are codified under Article 130 of the New York Penal Law. The age of consent in New York is 17 years old. This means that individuals 16 years old or younger in New York are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. New York does have allowances for minors who are close in age, commonly known as 'Romeo and Juliet' laws. Under these provisions, if the individuals are both under the age of 18 and the age difference between them is less than four years, the older individual may be shielded from prosecution for certain sexual offenses. However, these allowances do not apply when the younger individual is under the age of 15. The severity of the statutory rape charge can range from a misdemeanor to a felony, depending on the ages of the individuals involved and the specific circumstances of the sexual activity.