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 Nebraska, the age of consent is 16 years old, which means that any sexual activity with a person under this age may constitute statutory rape, a serious criminal offense. Nebraska law categorizes statutory rape under first-degree sexual assault when the victim is under 16 and the perpetrator is over 19 years old, or if the victim is under 12 and the perpetrator is at least 16. This can be prosecuted as a felony, with the severity of the charges varying based on the circumstances and ages of the individuals involved. Nebraska does have a 'Romeo and Juliet' law, which provides an affirmative defense if the individuals are within four years of age of each other, as long as the younger person is at least 14 years old. This means that consensual sexual activity between individuals who are close in age may not be prosecuted under certain conditions. These laws are found in Nebraska's Revised Statutes, specifically within the penal code.