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 Tennessee, statutory rape is defined as sexual intercourse with a person who is under the age of consent, which is 18 years old. Tennessee law recognizes statutory rape as a serious criminal offense and it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances, such as the ages of the individuals involved and the nature of the sexual act. Tennessee does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption applies when the individuals involved are within four years of each other and the victim is at least 13 years old but under 18 years old. This means that consensual sexual activity between minors who are close in age is not considered statutory rape if it falls within the parameters of this exemption. However, if the age difference is greater or if the victim is under the age of 13, the exemption does not apply and the offense may be charged accordingly.