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 Georgia, the age of consent is set at 16 years old. According to Georgia law, engaging in sexual intercourse with a person under the age of consent can be prosecuted under the offense of statutory rape. This is based on the principle that individuals below the age of consent are not legally capable of giving informed consent to sexual activities. Statutory rape in Georgia is considered a felony offense and can result in severe penalties, including imprisonment. However, Georgia does recognize a 'Romeo and Juliet' law, which provides a close-in-age exemption. This exemption applies when the individuals involved in the sexual activity are no more than four years apart in age and the younger person is at least 14 years old. This means that consensual sexual relationships between teenagers who are close in age may not be subject to statutory rape prosecution. An attorney can provide more detailed information about these laws and any recent changes or interpretations by the courts.