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 Maryland, the age of consent is 16 years old, which means that it is illegal for an adult to engage in sexual intercourse with someone under that age, a crime known as statutory rape. Maryland law considers such acts to be a criminal offense and they can be prosecuted as either a misdemeanor or a felony, depending on various factors such as the ages of the individuals involved and the specific circumstances of the case. Maryland does have a 'close-in-age' exemption, commonly referred to as a Romeo-and-Juliet law, which provides a defense to statutory rape charges under certain conditions. This exemption typically applies when the individuals involved are close in age to each other, usually within a four-year age difference, and when the younger individual is at least 14 years old. These laws are codified in Maryland's criminal statutes.