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 Nevada, the age of consent is 16 years old, meaning that individuals under this age are not legally capable of consenting to sexual activity. Engaging in sexual intercourse with someone below the age of consent can result in charges of statutory rape. Nevada law categorizes statutory rape under the umbrella of 'sexual assault' and does not use the term 'statutory rape.' The severity of the charges can vary from a misdemeanor to a felony, depending on factors such as the ages of the individuals involved and the nature of the act. Nevada does have a 'Romeo and Juliet' law, which provides a defense in cases where the parties are close in age. Specifically, if the accused is younger than 21 years old and the victim is at least 14 years old, the offense may be reduced in severity. This close-in-age exemption is designed to prevent the prosecution of individuals who engage in consensual sexual activities when they are near in age to each other.