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 West Virginia, the age of consent is 16 years old, which means that it is illegal for an adult to have sexual intercourse with someone who is under this age, as it is considered statutory rape. This law is based on the principle that individuals under the age of consent are not legally capable of consenting to sexual activity. The severity of the offense, whether it is treated as a misdemeanor or a felony, depends on various factors, including the ages of the individuals involved and the specific circumstances of the case. West Virginia does have a 'close-in-age' exemption, commonly known as a Romeo-and-Juliet law, which provides a legal defense for consensual sexual activity between minors who are close in age. This exemption typically applies when both parties are at least 14 years old and the age difference between them does not exceed a certain number of years. An attorney can provide more detailed information about how these laws are applied in specific situations and any recent changes to the statutes.