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 Pennsylvania, statutory rape is legally referred to as 'statutory sexual assault.' According to Pennsylvania law, it is a criminal offense for an individual to engage in sexual intercourse with a person who is under the age of consent, which is 16 years old. The law is based on the principle that individuals under this age cannot give informed consent to sexual activities. The severity of the charge, whether a misdemeanor or a felony, depends on the specific circumstances, including the ages of the individuals involved and the age difference between them. Pennsylvania does have a 'Romeo and Juliet' law, which provides a defense to statutory sexual assault charges when the individuals involved are close in age. Specifically, if the individuals are within four years of age and the victim is 13 years of age or older but under 16, the offense may be mitigated. This close-in-age exemption is designed to prevent the prosecution of consensual sexual activities between peers, acknowledging that such situations do not necessarily warrant the same level of legal consequences as other cases of statutory rape.