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 Maine, the age of consent is 16 years old, which means that individuals under this age are not legally capable of consenting to sexual activity. Engaging in sexual intercourse with someone under the age of consent can result in charges of statutory rape. Maine law classifies statutory rape based on the ages of the individuals involved and the nature of the sexual activity, which can lead to misdemeanor or felony charges. Maine does have a 'close-in-age' exemption, commonly known as a Romeo-and-Juliet law, which provides a defense to statutory rape charges when the individuals involved are close in age. Specifically, if the individuals are less than five years apart and the younger individual is at least 14 years old, the older individual may be exempt from prosecution for certain sexual activities. These laws are codified in Maine's statutes, particularly within the criminal code.