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 Delaware, the age of consent is 18 years old, which means that any sexual intercourse with an individual under this age may constitute statutory rape, a serious criminal offense. Delaware law recognizes several degrees of unlawful sexual conduct with minors, depending on the ages of the individuals involved and the nature of the sexual activity. Statutory rape in Delaware can be prosecuted as a felony, with the potential for severe penalties including imprisonment. However, Delaware does have a 'Romeo and Juliet' law, which provides a defense in certain situations where the parties are close in age. Specifically, if the victim is between 16 or 17 years old and the defendant is under 30 years old, and the sexual activity was consensual, the defendant may be exempt from the harsher statutory rape charges. This close-in-age exemption is designed to prevent the criminalization of consensual sexual relationships between teenagers who are close in age. These laws are codified in Delaware's criminal code, and anyone facing such charges or needing further clarification should consult with an attorney for legal advice tailored to their specific situation.