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 Mississippi, statutory rape is defined under Mississippi Code Section 97-3-65. The age of consent in Mississippi is 16 years old. It is a criminal offense to have sexual intercourse with someone who is under the age of consent, even if the minor is a willing participant. The law considers individuals under this age incapable of giving legal consent to sexual activity. Statutory rape can be charged as either a misdemeanor or a felony, depending on the circumstances, such as the ages of the individuals involved and whether the offender was in a position of authority or trust. Mississippi does have a close-in-age exemption, commonly known as a 'Romeo and Juliet' law, which allows for consensual sex between minors who are at least 14 years old, as long as their ages are within a certain range of each other, typically not more than two to three years apart. This exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are close in age to each other.