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 Indiana, the age of consent is 16 years old, and sexual intercourse with someone under this age is considered statutory rape. Indiana law categorizes statutory rape under sexual misconduct with a minor or child seduction, depending on the circumstances and the ages of the individuals involved. These offenses can range from misdemeanors to felonies. Indiana does have a 'Romeo and Juliet' law, which provides a defense in certain situations where the age difference between the two individuals is not more than four years and the youngest person is at least 14 years old. This defense is designed to prevent the prosecution of individuals who are close in age and engage in consensual sexual activities. The relevant statutes can be found in the Indiana Code, particularly within the criminal or penal code sections dealing with sex crimes.