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 West Virginia, the age of consent is 16 years old, which means that it is illegal for an adult to have sexual intercourse with someone who is under this age. This is considered statutory rape, which is based on the principle that individuals under the age of consent are not legally capable of consenting to sexual activity. The severity of the offense in West Virginia 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 specific circumstances of the case. West Virginia does have a 'close-in-age' exemption, commonly known as a Romeo-and-Juliet law, which provides a defense to statutory rape charges when the individuals involved are close in age to each other, typically within a four-year age difference, and over a certain age, usually 12 or older. These laws are designed to prevent the criminalization of consensual sexual activities between minors who are close in age. The relevant statutes can be found in the West Virginia Code, particularly within the sections that pertain to sexual offenses.