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 Idaho, the age of consent is 18 years old, which means that engaging in sexual intercourse with someone under this age may constitute statutory rape. Idaho law considers this a serious offense, and it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances, such as the ages of the individuals involved and the nature of the sexual activity. Idaho does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. According to Idaho Statutes §18-6101, individuals who are under the age of 18 but at least 16 years old can legally consent to sexual activity with a partner who is not more than three years older. This close-in-age exemption is designed to prevent the criminalization of sexual relationships between minors who are close in age. However, if one of the individuals is under 16, the older individual may still be prosecuted for statutory rape.