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 New Mexico, the age of consent is 17 years old, which means that it is generally illegal to engage in sexual intercourse with someone who is under this age. This is considered statutory rape, which can be prosecuted as a misdemeanor or felony, depending on the specific circumstances of the case, such as the ages of the individuals involved and whether there was any coercion or force used. New Mexico does have a 'close-in-age' exemption, commonly known as a Romeo-and-Juliet law, which provides a defense to statutory rape charges under certain conditions. This exemption typically applies when the two individuals involved in the sexual activity are no more than four years apart in age and the younger person is at least 13 years old. However, this defense is not absolute and may not apply in all situations, so it is important to consult with an attorney for specific legal advice regarding any particular case.