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 Wisconsin, the age of consent is 18 years old, and having sexual intercourse with a person under this age can be prosecuted as statutory rape. Wisconsin law considers that individuals under the age of 18 cannot legally give informed consent to sexual activities. The severity of the offense, whether it is treated as a misdemeanor or a felony, depends on various factors, including the ages of the individuals involved and the specific circumstances of the sexual activity. Wisconsin does have a 'close-in-age' exemption, commonly known as a Romeo-and-Juliet law, which may provide a defense if the individuals are within a certain age proximity to each other. Specifically, if one person is not more than 4 years older than the minor who is at least 15 years old, they may be exempt from prosecution for certain sexual activities. These laws are codified in the Wisconsin Statutes, particularly within the sections that pertain to sexual assault.