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 North Dakota, statutory rape laws are codified under the North Dakota Century Code Section 12.1-20-03, which addresses the offense of 'Gross Sexual Imposition.' According to these laws, it is a criminal offense to engage in sexual acts with a minor under the age of 15, as individuals under this age are not legally capable of consenting to sexual activity. The severity of the charge can range from a misdemeanor to a felony, depending on the circumstances, such as the ages of the individuals involved and the nature of the sexual act. North Dakota does have a 'Romeo and Juliet' law, which provides a defense to individuals who are close in age with the minor involved in the sexual act. Specifically, if the perpetrator is less than three years older than the victim and the victim is at least 15 years old, the offense may be reduced in severity. This close-in-age exemption is intended to prevent the criminalization of consensual sexual activities among peers. However, it is important to note that even with the close-in-age exemption, sexual conduct with minors can still result in criminal charges, and the specific circumstances of each case can greatly affect the legal outcome.