By: Lawrence A. Kohn, Criminal Defense Attorney for Sex Crimes in Georgia and Legal Book Co-Author for Criminal Law Attorneys
Although some of the information provided within this blog posting is likely only pertinent to social scientists and historians, the significant changes in teen sex law prohibitions that have occurred over the last 50 years in America are noteworthy. This is especially remarkable when you know that in 1880, 37 states had an age of consent of 10 years old, while 10 other states had the age at only 12 years old.
By 1920, the move of many millions of Americans from the farms to fast-growing cities led to 26 states raising the age of consent to participate in sex to 16, and 21 states had raised it to 18. At that time, no states were using age 17 as their age of consent slightly more than a century ago.
Serious, life-altering consequences can occur when the younger victim isn’t at a certain age (set by the Legislature) to be able to give legal consent to participate in sexual activity. These so-called “Romeo and Juliet laws” are a relatively modern legal concept that gained popularity in the late 20th century and the current 21st century. They were not widely in place even as recently as 1960.
Minors who are under the age of consent (as set by the state laws where the alleged crime occurred) cannot legally consent to engage in sexual activity with an adult (unless they are married). So, any form of sexual activity (e.g., oral, vaginal) involving an adult and a minor may violate the law in that state, according to its criminal laws.
Because few parents ever sit their children down to have a talk with them about sex issues, the “close-in-age” laws that legally forbid any type of sex for some young people is never mentioned. This “inability to consent” is applicable even when the younger child (male or female) is a consenting participant in (or is the person who instigated) the sexual act or acts.
Spoiler alert: Each state writes its own criminal laws. So, if the state you are from has more favorable “age of consent” laws, and your teenager crosses a state line and violates state laws applicable in that state, he or she will be subject to criminal prosecution under that jurisdiction’s laws.
“Romeo and Juliet” laws (in some states) may provide exceptions or reduced penalties for consensual sexual activity between teens who are close in age, even when one or both are below the age of consent. Yet, the implementation, the exceptions and the penalties for a state’s Romeo and Juliet laws can vary significantly by state.
The trend in most legislatures over the past four decades has been to decrease the age of consent to 16. So, as of 2020, 30 out of 50 US states had set 16 years old as the age of consent. However, this doesn't necessarily mean they all states have favorable Romeo and Juliet provisions.
In 1960, few (if any) states had explicit Romeo and Juliet laws with an age gap of 16, 17 or 18 for the younger sex participant. The aim of legislators was to tackle issues related to strict statutory rape laws that severely punished (with mandatory, felony prison time) for consensual relationships between teens with a small age gap.
Over the years that followed, softening these laws has gained more traction as many State legislatures when high-profile cases led to public outcry. Enraged parents (of convicted individuals) then placed pressure on legislators to look more closely at the necessity of lengthy prison sentences for these young adults.
These statutory modifications, however, are strictly construed and will be rigorously and precisely applied. As the adage goes, “close” only applies in the game of tossing horseshoes.
An overview of statutory rape laws in various U.S. states shows major differences in the interpretation and applicability of such laws. The United States will never have a national age of consent law, so residents of all states need to know their laws and review these laws with hormonal teens.
Plus, little movement in altering these laws is occurring. The age of consent in the United States in 2025 will range from 16 to 18 years old, depending on the state.
Over the past 40 years or so, though, the trend for most legislatures has been to set the age of consent to age 16. In the prior 5 years, only one state “softened” its laws on statutory rape by lowering the age to age 16, leading to these current numbers:
The age of consent in the District of Columbia (Washington D.C.) is 16 years old. However, D.C. laws also do include a close-in-age exemption that allows minors aged 14-15 to engage in consensual sexual activity with partners who are within a 4-year age difference
Although rarely ever used, the federal age of consent is 18, which is followed in twelve other states. However, other the other states have set their own age of consent lower, as long as it's not below 16.
Many states have "Romeo and Juliet" laws or close-in-age exemptions that allow consensual sexual activity between minors or between a minor and a slightly older individual. Romeo and Juliet laws is a term colloquially used to describe criminal law statutes in various states that provide some limited protections for consensual relationships between minors participating in a sex act with another older participant who is “close in age.”
For example:
Because this article is written by Atlanta criminal lawyer Lawrence Kohn, the Romeo and Juliet exemption in Georgia applies when:
Because different situations can trigger different crimes, for statutory rape charges, the defense applies if the victim is 14 to16 years old and the defendant is 18 years old or younger. Next, for child molestation charges, Georgia’s “close-in-age” defense against being prosecuted for criminal felony laws apply if the victim is 13 to 16 years old and the defendant is no more than 4 years older.
So, in summary, Georgia's Romeo and Juliet law allows for a maximum 4-year age gap between the participants. So, statutory rape laws do not apply, so long as the younger person is at least 14 years old, and the older person is no more than 18 years old.
Incarceration penalties for statutory rape vary widely between states. Yet, in the USA, most states’ statutory rape laws are virtually always felonies, and will typically include:
Some states have enacted their laws to mandate increased penalties for cases where:
Some recent legislative trends in statutory rape laws include:
It's important to note that statutory rape laws are complex and can vary significantly between states. Always consult the specific laws of your state for the most accurate and up-to-date information.
Rated by Best Lawyers in America from 2018 through 2025, Mr. Kohn is well-known throughout the metro Atlanta area for his aggressive and successful defense of thousands of serious criminal cases. With an Emory University undergraduate degree, and his Georgia State Law School Juris Doctor (Law) degree, with high honors, the senior partner of Kohn & Yager LLC has been a Super Lawyer in Georgia for meany years.
When you or your child is being investigated for any sex crime, do not TALK with police without an attorney. Do not think that you can “just explain” the circumstances, because consent by the other, younger sex participant is not a defense.
Because these kinds of cases are EMERGENCIES, Mr. Kohn will meet with you on weekends, holidays or whenever needed. Also, remember that a parent has no “privilege” whereby what your child says to you is protected from you being a witness against that child. Only an attorney has the privilege (for confidential communications) in these teen sex cases.