Even when a romantic relationship between two young people is completely consensual, one person can still face serious criminal charges if the other is under the age of consent. These situations can be confusing and frightening for families who never imagined that a teenage relationship could lead to an arrest. Many states have what’s known as a Romeo and Juliet law, designed to prevent unfair punishment in certain cases. But these laws do not apply to every situation, and they are often misunderstood.
Below, we explain what the Romeo and Juliet law is, how it works, and whether it can protect you or someone you love from criminal charges.
What Is the Romeo and Juliet Law?
The term “Romeo and Juliet law” refers to legal provisions that address consensual sexual relationships between minors or between a minor and a young adult who are close in age. The goal is to prevent young people from being labeled as sex offenders or convicted of serious felonies for consensual relationships that are close in age.
These laws do not make underage sexual activity legal. Instead, they recognize that relationships between people only a few years apart in age are not the same as situations involving predatory or exploitative behavior. The specific details of these laws vary by state, but they usually apply when both parties are above a certain minimum age and the age gap is within a defined limit—often two to four years.
How the Romeo and Juliet Law Works
In states that have such laws, the Romeo and Juliet provision can serve as a defense to criminal charges or as a means to reduce the severity of penalties. For example, if a 19-year-old has a consensual relationship with a 16-year-old, the law may allow a defense that prevents the older person from being charged with statutory rape or from having to register as a sex offender.
Some states allow individuals convicted of certain close-in-age offenses to petition the court to remove their name from the sex offender registry. Others provide for lesser charges or misdemeanor treatment instead of felonies.
However, these laws only apply when both individuals are close in age and the relationship is truly consensual. They do not protect anyone accused of coercion, force, or relationships with a much younger minor.
Can It Protect You from Criminal Charges?
The short answer is: it depends. The Romeo and Juliet law can sometimes prevent charges or lessen their impact, but its protections are limited and must be applied correctly. Prosecutors may still bring charges, and the accused person must prove that the relationship fits within the boundaries of the law.
Even when both parties are close in age, law enforcement officers or prosecutors may not automatically recognize that the Romeo and Juliet law applies. This is why having a defense attorney who understands these laws is critical. Your lawyer can analyze the facts of your case, confirm the ages involved, and argue that the relationship falls under the state’s close-in-age exception.
Common Misunderstandings About the Law
One of the biggest misconceptions is that the Romeo and Juliet law makes all teenage relationships legal. That is not the case. It does not allow an adult to have sexual contact with a minor who is far below the age of consent, and it does not guarantee protection from criminal charges.
Another misunderstanding is that if the younger person or their parents do not want to press charges, the state cannot proceed. In reality, prosecutors can still file charges even without the family’s cooperation. The best way to handle such a situation is to have an experienced criminal defense attorney step in as early as possible.
The Role of a Criminal Defense Lawyer
When someone is charged in a close-in-age relationship case, the consequences can be severe. A conviction could lead to jail time, probation, and mandatory sex offender registration that can last for years. A criminal defense lawyer’s role is to evaluate whether the Romeo and Juliet law applies and use it to build a strong defense.
Your attorney can present evidence showing that the relationship was consensual, that both individuals were close in age, and that the situation falls within the state’s statutory exception. In some cases, your lawyer can negotiate with prosecutors to reduce or dismiss the charges altogether.
Even if the Romeo and Juliet law does not fully protect you, a skilled defense attorney can help minimize penalties and protect your record.
Protecting Your Future
Being charged with a sex-related offense can have life-changing consequences. If you or someone you know is facing charges stemming from a consensual teenage relationship, do not wait to seek legal help. The Romeo and Juliet law can offer important protections, but it takes an experienced criminal defense lawyer to make sure those protections are used effectively.
Contact your attorney or a qualified criminal defense firm as soon as possible to discuss your rights, understand your options, and begin building a defense that protects your future.