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 South Dakota, statutory rape laws are codified under South Dakota Codified Laws (SDCL) and are designed to protect individuals who are considered incapable of legally consenting to sexual activities due to their age. The age of consent in South Dakota is 16 years old. Sexual contact with an individual under the age of consent may be prosecuted under various degrees of sexual offenses, depending on the circumstances and the ages of the individuals involved. The offenses can range from misdemeanor to felony charges. South Dakota does have a 'Romeo and Juliet' law, which provides a close-in-age exemption. According to SDCL 22-22-1, if the victim is at least 13 years old but less than 16 years old and the perpetrator is less than three years older than the victim, the offense may be charged as a misdemeanor rather than a felony. This close-in-age exemption is intended to prevent the criminalization of consensual sexual activities among peers who are close in age.