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 Florida, statutory rape is addressed under the state's sexual battery and age of consent laws. The age of consent in Florida is 18 years old, and engaging in sexual activity with individuals under this age may constitute statutory rape. Florida law does recognize a close-in-age exemption, commonly referred to as a 'Romeo and Juliet' law, which can provide legal protection for individuals who engage in consensual sexual activity when both participants are close in age. Specifically, this exemption applies when one individual is 23 years old or younger and the other is aged 16 or 17. It is important to note that the circumstances of each case can affect the severity of the charges, with factors such as the age difference between the parties and whether the act was consensual playing a role. Violations can be prosecuted as either misdemeanor or felony offenses, depending on these factors. These laws are codified in the Florida Statutes, within the sections that pertain to sexual offenses.