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 New Mexico, statutory rape laws are codified under the New Mexico Criminal Code. The age of consent in New Mexico is 16 years old, which means that it is illegal for an adult to engage in sexual intercourse with someone under that age. The law recognizes that individuals under the age of consent are not capable of giving informed consent to sexual activities. Depending on the circumstances, statutory rape can be prosecuted as either a misdemeanor or a felony. New Mexico 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 one partner is not more than four years older than the other, and the younger partner is at least 13 years old, the older partner may be exempt from statutory rape charges. This close-in-age exemption is designed to prevent the criminalization of consensual sexual activity among peers.