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 Minnesota, the age of consent is 16 years old, meaning that it is generally illegal to have sexual intercourse with someone who is under this age. This is considered statutory rape, which is premised on the idea that individuals below the age of consent cannot legally give informed consent to sexual activities. The severity of the offense in Minnesota can vary from a misdemeanor to a felony, depending on factors such as the ages of the individuals involved and the specific circumstances of the case. Minnesota does have a 'Romeo and Juliet' law, which provides a defense in situations where the sexual activity is between individuals who are close in age. Specifically, if the individuals are within four years of each other's age and the younger person is at least 13 years old but not yet 16, the older individual may have a defense against charges of statutory rape. These laws are codified in Minnesota's statutes, particularly within its criminal or penal code.