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 Oklahoma, the age of consent is 16 years old, and it is a criminal offense to have sexual intercourse with someone under this age, which is considered statutory rape. Oklahoma law recognizes statutory rape as either a misdemeanor or a felony, depending on the circumstances, such as the age difference between the parties and whether force or coercion was involved. The state statutes that cover these laws are typically found in the penal or criminal code. Oklahoma does have a 'Romeo and Juliet' law, which provides a defense to statutory rape if the individuals involved are close in age. Specifically, the law allows for a defense if the accused is not more than three years older than the victim and the victim is at least 14 years old. This close-in-age exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other.