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 Oregon, the age of consent is 18 years old, and engaging in sexual activities with someone under this age can be prosecuted under statutory rape laws. Oregon does recognize a 'close-in-age' exemption, often referred to as a Romeo-and-Juliet law, which provides that individuals who are less than three years apart in age may legally engage in consensual sexual activities if they are at least 14 years old. This means that if both parties are between 14 and 18 and the age difference is less than three years, it is generally not considered statutory rape. However, if the age difference is greater, or if one individual is 18 or older and the other is under 18, it could result in misdemeanor or felony charges, depending on the specific circumstances of the case. It's important to note that even with the close-in-age exemption, there may be other legal considerations and potential charges depending on the nature of the sexual activity and the individuals involved.