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 Indiana, the age of consent is 16 years old, and the state's statutory rape laws make it a criminal offense to engage in sexual activity with someone below this age. Indiana does not have a close-in-age exemption, often referred to as a 'Romeo and Juliet law,' which means that any sexual conduct with a person under the age of consent is potentially a criminal act, regardless of the age of the perpetrator. However, Indiana does recognize a defense if the sexual conduct was consensual and the accused is not more than four years older than the victim, provided the victim is at least 15 years old. This is known as the 'defense of the four-year age difference.' Depending on the circumstances, statutory rape in Indiana can be charged as a misdemeanor or a felony, with the severity of the charge typically depending on the ages of the individuals involved and the specific nature of the conduct.