What Is a Romeo and Juliet Law?

Statutory rape is nonforced sexual activity with someone under the legal age of consent, which varies by state but is typically between 16 and 18 years of age.

Statutory rape is distinguishable from forcible rape in that it’s a status offense and does not require any element of force. The only requirement is that the defendant had sexual relations with someone under the age of consent. Nonetheless, it is prosecuted as a sexual assault crime, and penalties can include prison time and sex offender registration.

However, in the interest of recognizing that consensual sex between two teens should not be a crime, New Jersey has what is known as a Romeo & Juliet law, creating an exception to statutory rape for two young people who do not have a large age gap. Where the age difference is not greater than four years, they may have consensual sex with a partner between 13 years old and 16 years old. 

New Jersey’s Statutory Rape Laws

Under New Jersey state law, sexual assault is the legal term for rape and is charged as a felony. Statutory rape is sexual contact with someone under the age of 13 when you are over 17 years old or acts of sexual penetration when the victim is between 13 and 16, and you are four years older.

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The Close-in-Age Defense to Statutory Rape

Young adults (and their parents) have good reason to be concerned if they are subject to criminal charges for sexual acts. New Jersey’s close-in-age defense recognizes that there are circumstances warranting more nuanced considerations than a strict status charge would allow. Where the age gap is not greater than four years, individuals may have consensual sex with a partner between 13 years old and 16 years old. 

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That said, because of the nature of the status crime, you can still have charges brought against you, and you could raise the close-in-age facts as a defense. Bear in mind that age of consent laws vary significantly from state to state. Bear in mind that age of consent laws vary significantly from state to state, and some do not have close-in-age defenses.

It’s a slippery rule, and angry parents and vengeful exes may happen. Should a statutory rape charge be brought against someone in your life, contact an experienced criminal defense attorney for legal advice. Many criminal law attorneys provide free consultations to learn about your case.