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 Colorado, the age of consent is 17 years old, which means that any sexual activity with someone under the age of 17 may constitute statutory rape, a criminal offense. Colorado law recognizes several circumstances under which statutory rape charges can vary in severity, from misdemeanor to felony, depending on factors such as the ages of the individuals involved and the nature of the sexual conduct. The state does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption typically applies when the individuals involved are within four years of age of each other and the younger person is at least 15 years old. However, this exemption does not apply if the older individual is in a position of trust with respect to the younger person. The relevant statutes can be found in the Colorado Revised Statutes, specifically under the criminal code dealing with sexual offenses.