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 Washington State, the age of consent is 16 years old, as established by RCW 9A.44. Consent is not legally recognized if the individual is under this age. Washington law considers sexual intercourse with someone below the age of consent as statutory rape, which can be prosecuted under various degrees of severity, from a misdemeanor to a felony, depending on factors such as the age difference between the parties and the circumstances surrounding the act. The state does have a 'Romeo and Juliet' law, which provides a defense for individuals who are close in age. Specifically, under RCW 9A.44.079, if the individuals are less than four years apart in age, and the younger person is at least 12 years old but not older than 21, the older person may have a defense against charges of sexual misconduct with a minor in the second degree, a crime that would otherwise apply to consensual sexual activity with someone who is 16 or 17. It's important to note that these laws are complex and can vary based on specific circumstances, so consulting with an attorney for cases involving such matters is advisable.