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 Hawaii, the age of consent is 16 years old, which means that it is a criminal offense to have sexual intercourse with a person under this age, as they are not considered capable of giving informed consent. This is known as statutory rape. The severity of the offense in Hawaii can vary and may be charged as either a misdemeanor or a felony, depending on factors such as the ages of the individuals involved and the circumstances surrounding the act. Hawaii does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law, which may provide a defense if the individuals engaged in sexual activity are within a close age range of each other, typically within a few years, and if both parties are above a certain age, usually 14 years old. These laws are designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are close in age to each other and to avoid labeling one as a sex offender. The specific statutes outlining these laws can be found in Hawaii's penal code.