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 Washington State, the age of consent is 16 years old, which means individuals under this age are not legally capable of consenting to sexual activity. Engaging in sexual intercourse with someone under the age of consent can lead to charges of statutory rape. Washington law recognizes statutory rape as a serious criminal offense, which can be prosecuted as either a misdemeanor or a felony, depending on various factors such as the ages of the individuals involved and the specific circumstances of the case. However, Washington does have a 'Romeo and Juliet' law, which provides a defense for individuals who are close in age. Specifically, if the individuals involved are within a certain age range of each other (usually a few years) and over a certain age (typically at least 14), the law may exempt them from prosecution for statutory rape. This close-in-age exemption is designed to prevent the criminalization of consensual sexual activities among peers who are close in age.