In most states it is 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. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.

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 generally located in a state’s statutes—often in the penal or criminal code.

In California, the age of consent is 18 years old, and engaging in sexual intercourse with a person under this age is considered statutory rape, which is a criminal offense. California Penal Code sections 261.5 and 288 define the laws regarding unlawful sex with a minor. The severity of the charge (misdemeanor or felony) depends on the ages of the individuals involved and the specific circumstances of the sexual activity. California does have a 'Romeo and Juliet' law, which provides certain protections for individuals close in age who engage in consensual sexual activity. Under California Penal Code Section 261.5, if the minor is less than three years younger than the adult, the offense is typically charged as a misdemeanor. However, if the age difference is greater, the charges can be more severe, potentially leading to felony charges. It's important to note that even with the 'Romeo and Juliet' law, there is no defense for sexual activity with a person under the age of 14.