What is the Romeo and Juliet Law? [2024]

Romeo and Juliet laws were created to protect young people participating in consensual sexual activities from facing severe legal consequences. These laws, also called “close-in-age exemptions,” consider the ages and age gaps between all parties involved. The most important facts of these cases are the age of the younger participant, the age gap between participants, and whether the sexual acts performed were consensual. Romeo and Juliet laws vary by state, but for parties who qualify, these laws can reduce or sometimes even negate the legal consequences of such actions. 

Which States Have a Romeo and Juliet Law?

Romeo and Juliet Law by state

A person who has not reached the “age of consent” is legally considered incapable of consenting to a sexual relationship. A person who has sex with someone below the age of consent is legally liable for the actions. In the US, the legal age of consent is determined by state law. As of 2023, all 50 states have set their legal age of consent somewhere between 16 and 18 years of age. 

However, roughly 66% of states also have a Romeo and Juliet law. It’s important to note the age gap allowed between parties varies by state. Also, no matter the age gap between parties, sexual interactions with a person aged 13 (at a minimum) or younger are illegal in every state. Listed below are the states that have a Romeo and Juliet law. While it is still illegal for anyone under the age of consent to engage in sexual acts, courts will consider each party’s age when prosecuting the offense (if the age gap between parties falls within the legal limit).

Alabama

Alabama’s Romeo and Juliet law, located in Section 13A-6-62 of the state’s criminal code, offers a defense for consensual sexual activities involving a minor if the victim is at least 12 years old, the defendant is no more than two years older, and the act was consensual.  

Alaska

In Alaska, the age of consent is set at 16 years old. Individuals younger than this age cannot legally consent to sexual activities. Sexual abuse violations occur when someone over 16 engages in intercourse with a person under the age of consent and is at least three years their junior. 

Arkansas

In Arkansas, although the age of consent is 16, the state’s Romeo and Juliet law provides exceptions for consensual relationships between teenagers who are less than three years apart in age, protecting them from severe criminal penalties. 

Colorado

In Colorado, it’s generally unlawful for an individual to engage in consensual intercourse with someone under 17 years old, with specific exceptions outlined in the Romeo and Juliet provision. This provision permits consensual relations between a minor under 15 and someone up to four years older.

Connecticut

Connecticut outlines specific parameters regarding statutory rape. Their Romeo and Juliet law specifies that it is deemed statutory rape if an individual engages in sexual activity with someone more than three years younger, provided that the younger individual is between 13 and 16 years old. Additionally, it’s considered statutory rape if the activity involves a minor under 13 years old and the participant is more than two years older. 

Delaware

In Delaware, the age of consent is set at 18 years old. However, there’s a Romeo and Juliet provision that allows 16 and 17-year-olds to consent to sexual intercourse with partners younger than 30. Furthermore, if the victim is at least 12 years old and the defendant is within a four-year age difference, it can be considered an affirmative defense, provided the victim gave informed consent to the act.

Florida

The age of consent in Florida is 18 years old. For the Romeo and Juliet provision to apply, the victim must be at least 14 years old, with the offender being no more than four years older than the victim, and the sexual conduct must have been consensual.

Georgia

In Georgia, the age of consent is set at 16 years old. Although the state has a Romeo and Juliet law, it offers limited protection against criminal charges for minors. Rather than providing immunity, the offender may be charged with a misdemeanor if the victim is between 14 and 16 and the defendant is under 18 or within a four-year age difference. 

Hawaii

In Hawaii, individuals reach the age of consent at 16, allowing them to engage in legal sexual activity with others who are also of age. The state’s legislation includes a Romeo and Juliet provision, which permits young people between 14 and 16 years of age to engage in consensual sexual activity with someone who is no more than five years their senior without facing any penalties.

Indiana

The age of consent in Indiana is 16 years old. The state’s Romeo and Juliet provision permits individuals to engage in consensual relations with someone aged 14 or 15, provided that the age difference between them is no greater than four years and they share a dating or ongoing personal relationship.

Iowa

Iowa’s age of consent is 16 years old. The state’s Romeo and Juliet provision allows for consensual relations between teenagers aged 14 or 15 and their partners who are within a four-year age difference without facing criminal charges. Engaging in sexual activity with anyone under 14 is deemed a severe offense, potentially leading to substantial prison sentences, fines, or both.

Maine

In Maine, the age of consent is 16 years old. The state’s Romeo and Juliet provision protects individuals who are within a five-year age difference of their sexual partner, granted the younger individual is either 14 or 15 years old.

Maryland

In Maryland, individuals reach the age of consent at 16 years old. Maryland’s Romeo and Juliet provision permits 14 or 15-year-olds to engage in consensual sexual relationships with partners up to four years their senior, excluding scenarios where the older individual holds a position of authority over them.

Michigan

The age of consent in Michigan is set at 16 years old. Michigan’s Romeo and Juliet provision applies to situations involving individuals aged 13 to 15, allowing consensual relationships even if there’s a five-year age gap between them. 

Mississippi

In Mississippi, the age of consent is 16 years old, making those 15 or younger incapable of legally consenting to sexual activities, potentially leading to statutory rape charges. However, Mississippi does have a Romeo and Juliet exemption, allowing consensual relationships if the age difference between the individuals is less than three years.

Nevada

Individuals reach the age of consent at 16 years old in Nevada. The state’s Romeo and Juliet law permits consensual relationships between minors aged 14 or older and partners who are within a four-year age difference.

New Hampshire

In New Hampshire, the age of consent is 16 years old. Consensual sexual activities that do not involve penetration with someone over 13 are permissible unless the individual involved is at least five years older. However, consensual penetration with someone over 13 by a person within a four-year age range is categorized as a misdemeanor. 

New Jersey

New Jersey’s age of consent is set at 16 years old. However, the state’s Romeo and Juliet provision permits 13 to 15-year-old minors to have consensual relationships with partners who are no more than four years their senior.

New Mexico

In New Mexico, the age of consent is 17 years old. Instead of a singular Romeo and Juliet law, the state incorporates protective measures within its statutory rape laws, adjusting penalties based on age differences. For instance, engaging in sexual activity with a minor aged 13 to 16 is considered a felony, but if the offender is between 18 and 19 years old, it becomes a misdemeanor. Similarly, while intercourse with a minor aged 13 to 18 is categorized as a felony, exceptions are made for individuals who are within a four-year age range of the minor, starting at age 13. 

North Carolina

The age of consent in North Carolina is 16 years old. The state’s Romeo and Juliet provision permits consensual relationships for individuals aged 13 to 15, provided the age difference with their partner does not exceed four years. Deviations from this age range could result in B1 or C-class felony charges, depending on the ages involved. 

Ohio

In Ohio, the age of consent is set at 16 years old. Although the state implements a Romeo and Juliet provision, it merely downgrades the offense from a felony to a misdemeanor for partners within a four-year age difference rather than dismissing charges altogether. Engaging in sexual activities with someone under 13 is strictly prohibited. 

Oklahoma

The age of consent is 16 in Oklahoma. Through the state’s Romeo and Juliet provision, adolescents aged 14 to 18 can participate in consensual sexual activities without facing statutory rape charges. However, if the defendant is older than 18, charges such as rape or rape by instrumentation may be assigned. 

Oregon

In Oregon, the age of consent is set at 18 years old, rendering individuals 17 and younger unable to consent to sexual activities legally. However, Oregon’s Romeo and Juliet provision allows consensual relations between 14 to 17-year-olds and partners within a three-year age gap. If the age difference exceeds three years and the younger person is a minor, it can result in felony charges. 

Pennsylvania

In Pennsylvania, individuals aged 16 and above can consent to sexual activities unless the other party holds authority over them. The state’s Romeo and Juliet provision allows 13 to 15-year-olds to engage in consensual relationships with partners who are within a four-year age difference. However, those under 13 are unable to provide legal consent for sexual activity. Individuals who do not meet these criteria are likely to incur felony charges. 

Rhode Island

The age of consent is 16 in Rhode Island. The state’s Romeo and Juliet provision permits individuals over 12 to engage in sexual activities with partners under 18, provided both are close in age. However, once an individual turns 18, they generally cannot legally engage in such activities with someone below the age of consent in Rhode Island. 

South Dakota

In South Dakota, individuals aged 16 or older can legally consent to sexual activities with others in the same age bracket. Yet, the state offers a specific Romeo and Juliet provision allowing consensual relations between minors who are both at least 13 years old and within a three-year age difference. Those within a five-year age difference may be subject to a misdemeanor charge, and situations with a more significant age gap are subject to felony charges. 

Tennessee

While the age of consent is set at 18 in Tennessee, there’s a Romeo and Juliet provision that allows for consensual relationships between minors aged 13 or older and partners within a four-year age difference. Those with a greater age disparity may face felony charges.

Texas

In Texas, the age of consent is established at 17 years old. The state provides exceptions for consensual relationships involving individuals over 14 years of age or if the parties are within a three-year age difference and of opposite genders. 

Utah

Although the age of consent is 18 in Utah, the state’s Romeo and Juliet provision allows for consensual relationships between minors aged 16 or 17 and partners up to seven years their senior, marking one of the most extensive age differentials permitted nationally.

Vermont

In Vermont, individuals can legally consent to sexual activities at the age of 16. The state offers a close-in-age exemption, permitting relationships where the older partner is under 19 and the younger individual is at least 15, as long as the interaction is consensual.  

Romeo and Juliet Law as a Trial Defense

Affirmative defense

Romeo and Juliet laws can be used as an affirmative defense against statutory rape charges. The Legal Information Institute calls an affirmative defense one in which “the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.” During a trial, the defendant may claim that while they did have a sexual relationship with a minor, the sex was consensual, and the age gap between the two parties was within the legal limit.

Mistake of age defense

Some states like Minnesota, Pennsylvania, and California allow defendants to argue a mistake of fact defense, including “mistake of age.” A “reasonable” person would have had no reason to believe their sexual partner was underage. 

It is important to remember that “mistake of age” can be hard to prove, and not all states allow this type of defense (including Utah and Texas).

How the Romeo and Juliet Law impacts sex offender registration

Romeo and Juliet laws are enacted to protect young adults from serious criminal charges, most commonly statutory rape. Under these laws, felonies may be reduced to misdemeanors (or even dismissed), additional charges may be reduced or dismissed, penalties may be reduced or dismissed, and a perpetrator’s record may be expunged after a shortened length of time (determined by the court). 

Additionally, a perpetrator may not be required to register as a sex offender or may be offered a reduced period of time on a sex offender registry. Being listed on a sex offender registry can negatively impact a person for the rest of their life. Securing a job and housing can be difficult, and because registries are available to the public, social prejudice and ostracization are common. To prevent this, courts may exercise leniency for defendants who meet the qualifications of their respective state’s Romeo and Juliet law.

How an Attorney Can Help

Romeo and Juliet law is complex and varies significantly from state to state. An attorney is absolutely necessary if you or someone you know is facing criminal charges. If you’re looking for legal advice or a professional to manage your case, use Expertise.com’s comprehensive list of legal experts to find an attorney in your area.