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 New York, the age of consent is 17 years old. This means that under New York Penal Law, it is a criminal offense to have sexual intercourse with a person who is under 17, even if the minor is a willing participant. This type of offense is commonly referred to as statutory rape. The severity of the charge in New York 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 act. New York does have a 'close-in-age' exemption, commonly known as a Romeo and Juliet law, which provides a defense in cases where the sexual activity is consensual and both participants are minors, and the age difference between them is small. Specifically, this exemption applies when the individuals are less than four years apart in age and the younger individual is at least 15 years old. These laws are codified in the New York Penal Law, which outlines the various degrees and circumstances of sexual offenses involving minors.