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 South Dakota, statutory rape laws criminalize sexual intercourse with a person under the age of consent, which is 16 years old. These laws are based on the principle that individuals below this age cannot legally give informed consent to sexual activities. The severity of the offense can vary, potentially being charged as a misdemeanor or felony, depending on factors such as the ages of the individuals involved and the specific circumstances of the case. South Dakota does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption typically applies when the individuals involved in the sexual activity are within a certain age range of each other, often three years, and both are above a minimum age, commonly 14 years old. This defense is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are close in age and neither is significantly older than the other.