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 Massachusetts, the age of consent is 16 years old, as established by Massachusetts General Laws Chapter 265, Section 23. This means that it is a criminal offense to have sexual intercourse with someone under the age of 16, even if they consent, which is considered statutory rape. The severity of the offense can vary from a misdemeanor to a felony, depending on factors such as the ages of the individuals involved and the circumstances of the sexual activity. Massachusetts does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law, which provides that if two individuals are both under the age of 18 and the age difference between them is less than a certain number of years, the older individual may be exempt from statutory rape charges. This is intended to prevent the criminalization of consensual sexual activities among peers close in age. However, this exemption does not apply if one of the individuals is below the age of consent. It's important to note that even with the close-in-age exemption, there may be other legal consequences for sexual activities involving minors.