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 Arizona, statutory rape is legally referred to as 'sexual conduct with a minor' and is addressed under Arizona Revised Statutes § 13-1405. The age of consent in Arizona is 18 years old, and any sexual intercourse with a person under this age is considered a criminal offense. The severity of the charge can range from a misdemeanor to a felony, depending on the ages of the individuals involved and the circumstances of the sexual activity. Arizona does have a 'Romeo and Juliet' law, which provides a defense in certain situations where the individuals are close in age. Specifically, under Arizona law, if the victim is at least 15 years old and the defendant is under 19 years of age or attending high school and is no more than 24 months older than the victim, the offense may be reduced from a felony to a misdemeanor. This close-in-age exemption is designed to prevent the prosecution of consensual sexual activities between individuals who are close in age and maturity.