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 Mississippi, statutory rape is defined under Mississippi Code Section 97-3-65. The age of consent in Mississippi is 16 years old. Individuals who engage in sexual activity with someone under the age of consent can be charged with statutory rape. Mississippi law considers it statutory rape to have sexual intercourse with someone who is under the age of 16 if the perpetrator is over the age of 18. However, Mississippi does have a close-in-age exemption, commonly known as a 'Romeo and Juliet' law, which allows for consensual sex between minors who are at least 14 years old, as long as their partner is not more than 36 months (3 years) older than them. The severity of the statutory rape charge can vary from a misdemeanor to a felony, depending on the circumstances, such as the ages of the individuals involved and whether force or coercion was used.