In most states it is 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. Statutory rape laws are generally located in a state’s statutes—often in the penal or criminal code.
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 generally located in a state’s statutes—often in the penal or criminal code.
In Arizona, the age of consent is 18 years old, and engaging in sexual intercourse with someone under this age can be prosecuted as statutory rape. Arizona law classifies statutory rape under different categories based on the age difference between the parties involved and the age of the victim. If the victim is under 15 years old, the offense is more severe and can be charged as a felony, potentially leading to significant prison time. For victims between the ages of 15 and 17, the charges may vary depending on the circumstances, including the age difference with the perpetrator. Arizona does have a 'Romeo and Juliet' law, which provides a defense in certain situations where the sexual conduct is consensual and the age difference between the parties is not large. Specifically, if the minor is at least 15 years old and the age difference between the minor and the defendant is less than 24 months, the defendant may have a defense against charges of sexual conduct with a minor. However, this defense does not apply to charges of sexual assault or where there is a larger age difference. It's important to note that even with the 'Romeo and Juliet' law, any sexual conduct with minors under the age of consent can lead to serious legal consequences.