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 New Jersey, the age of consent is 16 years old, which means that it is generally illegal to have sexual intercourse with someone who is under this age. New Jersey's statutory rape laws are codified under N.J.S.A. 2C:14-2 and related statutes. If an individual over the age of 18 engages in sexual activity with someone between the ages of 13 and 16, it can be prosecuted as a criminal offense, with the severity of the charge ranging from a fourth-degree to a second-degree crime, depending on the age difference and circumstances. New Jersey does recognize a 'close-in-age' exemption, commonly referred to as a 'Romeo and Juliet' law, which provides that consensual sexual relations between minors who are close in age are not considered statutory rape if they meet certain criteria. This exemption typically applies when both individuals are at least 13 years of age and the age difference between them does not exceed four years. However, this exemption does not apply if one of the individuals is over the age of 18. It's important to note that even with the close-in-age exemption, there may be other legal consequences for engaging in sexual activities with minors.