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 Wisconsin, the age of consent is 18 years old, and having sexual intercourse with a person under this age may constitute statutory rape. Wisconsin 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 ages of the individuals involved and the nature of the sexual conduct. However, Wisconsin does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law. This exemption applies when the individuals involved are within a certain age range of each other, typically three years, and one of them is under the age of consent. Specifically, if one person is 15, 16, or 17 years old and the other is not more than four years older, the older individual may be exempt from statutory rape charges. This is designed to prevent the criminalization of consensual sexual activities among peers who are close in age.