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 Utah, the age of consent is 18 years old, and engaging in sexual activity with someone below this age can constitute statutory rape, which is illegal under Utah Code § 76-5-401.5. The severity of the offense can range from a misdemeanor to a felony, depending on the ages of the individuals involved and the circumstances of the sexual activity. Utah does have a close-in-age exemption, commonly known as a 'Romeo and Juliet' law, which provides that individuals aged 16 or 17 may legally consent to sexual activity with a partner who is less than 10 years older than they are, as per Utah Code § 76-5-401.2. This exemption is designed to prevent the prosecution of consensual sexual activities between individuals who are close in age. However, if the age difference is greater, or if one of the individuals is younger than 16, the older individual may face charges for statutory rape.