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 North Carolina, statutory rape laws make it illegal for an individual to engage in sexual intercourse with a person who is under the age of consent, which is 16 years old. The state recognizes statutory rape as a serious crime, and it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances, such as the age difference between the parties and whether the act was forcible. North Carolina does have a 'Romeo and Juliet' law, which provides a legal defense for individuals who engage in consensual sex when they are close in age. Specifically, if the individuals are no more than four years apart and the younger person is at least 13 years old but under 16, the older party may be exempt from statutory rape charges. However, this defense is not applicable if the older individual is in a position of authority or if the act was coercive. An attorney can provide more detailed information about these laws and any recent changes.