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 Virginia, statutory rape laws are codified under the Virginia Criminal Code, which makes it illegal for an adult to have sexual intercourse with a minor below the age of consent. The age of consent in Virginia is 18 years old. Virginia law recognizes statutory rape under various offenses, depending on the age of the minor and the age difference between the minor and the adult. These offenses can range from a Class 4 felony to a Class 1 misdemeanor. Virginia does have a 'close-in-age' exemption, commonly known as a 'Romeo and Juliet' law, which provides that consensual sexual activity is not considered statutory rape if the individuals are 1) married to each other, 2) less than three years apart in age and the minor is at least 15 years old, or 3) the act is consensual and the minor is 15 years of age or older and the accused is less than seven years older than the minor. However, this exemption does not apply if the adult is in a position of authority or trust over the minor. It's important to note that even with the close-in-age exemption, sexual activity with minors may still be subject to other criminal offenses.