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 Montana, 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. Montana law categorizes statutory rape under sexual assault crimes, and the severity of the charges can range from a misdemeanor to a felony, depending on the ages of the individuals involved and the circumstances surrounding the incident. Montana does have a 'Romeo and Juliet' law, which provides an exception for individuals who are close in age. Specifically, if the individuals are within three years of age of each other and the younger person is at least 14 years old, the older individual may have a defense against charges of statutory rape. These provisions are found within Montana's penal code, which outlines the state's criminal offenses and defenses.