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 Kansas, the age of consent is 16 years old, which means that it is generally illegal to have sexual intercourse with someone who is under this age. The laws governing statutory rape are found in the Kansas Statutes, specifically in the penal code. Statutory rape in Kansas can be charged as either a misdemeanor or a felony, depending on factors such as the ages of the individuals involved and the circumstances of the sexual activity. Kansas does have a 'Romeo and Juliet' law, which provides a defense to statutory rape charges in certain situations. This law applies when the individuals involved are no more than four years apart in age and the younger person is at least 14 years old. This defense is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are close in age and one of them is slightly below the age of consent.