Most states make it 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.

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 usually located in a state’s statutes, in the penal or criminal code.

In Alabama, the age of consent is 16 years old, which means that any sexual intercourse with a person under this age may constitute statutory rape, a criminal offense. Alabama law recognizes statutory rape 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 conduct. Alabama does have a 'Romeo and Juliet' law, which provides a defense to statutory rape charges under certain conditions. This defense is applicable when the individuals involved are close in age; specifically, if the accused is at least 12 years old but younger than 16, and the difference in age with the other party is less than two years. This close-in-age exemption is designed to prevent the prosecution of consensual sexual activities between teenagers who are close in age. However, it is important to note that even with the Romeo and Juliet law, there are still legal restrictions and potential criminal consequences for sexual activities involving minors. An attorney can provide specific guidance on how these laws may apply in individual cases.