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 Tennessee, statutory rape is defined as sexual intercourse with a person who is under the age of consent, which is 18 years old. Tennessee law recognizes statutory rape as a serious criminal offense and it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances, such as the ages of the individuals involved and the nature of the sexual activity. The state does have a 'Romeo and Juliet' law to provide a defense in situations where the individuals involved are close in age. Specifically, Tennessee's statutory rape laws provide exemptions when the individuals are within four years of each other in age and the victim is at least 13 years old but less than 18 years old. This close-in-age exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are both minors and close in age. However, if one of the parties is below the age of 13, the close-in-age exemption does not apply, and any sexual activity is considered a more serious offense. These laws are codified in the Tennessee Code Annotated, particularly in the sections dealing with sexual offenses.