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 Oklahoma, the age of consent is 16 years old, and it is illegal for an adult to have sexual intercourse with a minor below this age, which constitutes statutory rape. Oklahoma law recognizes statutory rape as a serious offense, and it can be charged as either a misdemeanor or a felony, depending on the circumstances, such as the age difference between the parties and whether force or coercion was involved. Oklahoma does have a 'Romeo and Juliet' law, which provides a defense to statutory rape charges under certain conditions. This defense is applicable when the victim is at least 14 years old and the age difference between the victim and the defendant is less than four years. This law is designed to prevent the prosecution of consensual sexual activities between individuals who are close in age, acknowledging that such relationships are qualitatively different from predatory acts. However, it's important to note that even with the 'Romeo and Juliet' law, there may be legal consequences for sexual activities involving minors.