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 Michigan, the age of consent is 16 years old, which means that engaging in sexual activity with someone under this age may constitute statutory rape. Michigan law categorizes statutory rape under various degrees of Criminal Sexual Conduct (CSC), which can range from misdemeanor to felony charges, depending on factors such as the ages of the individuals involved and the nature of the sexual conduct. For example, if the victim is under 13 and the perpetrator is 17 or older, it is a more serious felony. Michigan does have a 'Romeo and Juliet' law, which provides an exemption for consensual sexual activity between minors who are close in age. Specifically, if the individuals are within a certain age range of each other and the sexual activity is consensual, the older individual may be exempt from prosecution for statutory rape. This 'Romeo and Juliet' exemption typically applies when the younger person is at least 13 years old and the age difference between the two individuals is less than four years. However, it is important to note that even with the 'Romeo and Juliet' law, there can be legal consequences for sexual activities involving minors. It is advisable to consult with an attorney for specific legal guidance regarding these matters.