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 Utah, the age of consent is 18 years old, and engaging in sexual activity with someone below this age can constitute statutory rape. Utah law recognizes several degrees of this offense, with the severity depending on factors such as the age difference between the parties and the ages of the individuals involved. For example, sexual activity with a minor aged 14-15 can be charged as a felony if the perpetrator is more than four years older than the minor. However, Utah does have a close-in-age exemption, commonly known as a 'Romeo and Juliet' law. This exemption applies when the individuals involved are both minors and less than four years apart in age; in such cases, the older party may be charged with a lesser offense or not charged at all. It's important to note that even with the close-in-age exemption, sexual activity with a minor can still be illegal if one of the parties is below the age of 14 or if there is a significant age difference. An attorney can provide more detailed information about these laws and their application in specific circumstances.