New York has Romeo and Juliet Laws in 2025, and you may be wondering, “What is the age of consent in New York?” These laws may apply to certain relationships where the relationship is consensual and is typically between teens and young adults. This is a close-in-age exemption. Knowing the New York Romeo and Juliet laws can help individuals to be aware of the consent laws and how they apply to young people.
Statutory Rape in New York
New York law defines statutory rape as sexual activity involving anyone below 17 years old who cannot legally consent. Statutory rape charges are possible when sexual activity involves a minor regardless of their willingness because they cannot legally consent. Minors below this age are legally unable to give lawful consent because their age indicates they lack the necessary maturity.
The legal classification exists to safeguard minors from exploitation and abuse. The legal status of statutory rape as a strict liability crime means that the perpetrator’s intent or knowledge bears no significance to proving guilt, regardless of coercion. Individuals who did not know about the minor’s age can face criminal charges regardless.
Statutory rape arrests are typically categorized and recorded under the broader rape umbrella.
The National Sexual Violence Resource Center reports that women experience rape or attempted rape at a rate of 1 in 5, while men experience it at a rate of 1 in 71 during their lifetime. Most victims who experience sexual assault fall under 30 years old since 83% of them are aged between 12 and 34 years, and more than half of all rape cases involve victims who have not yet reached 18 years of age.
In 2022, in New York, there were 6,674 reported rape incidents and 701 rape arrests.
Categories of Statutory Rape in New York
Sexual contact involves physical sexual touching, which can be done directly or through clothing to satisfy someone’s sexual desires. The penalties outlined here apply to statutory rape cases when a minor cannot legally provide consent:
- -First-degree rape. The law defines first-degree rape charges for cases where the victim is under 11 years old or under 13 years old if the offender is 18 years old or older. This crime is classified as a Class B felony with a maximum sentence of 25 years in prison. First-degree rape qualifies as a violent felony offense which mandates that convicted individuals serve at least five years in prison.
- -Second-degree rape. Defendants who are 18 years of age or older who engage in vaginal, oral, or anal sexual contact with minors under 15 years old face this offense level when there is a minimum age difference of four years between them.A conviction for this Class D felony offense carries a maximum prison sentence of seven years. A person convicted of rape in the second degree receives no less than three years of imprisonment because it qualifies as a violent felony offense.
- -Third-degree rape. Third-degree rape charges are assigned when sexual contact involving vaginal, oral, or anal intercourse takes place between a defendant who is 21 years old or older and a person under the age of 17. This is a Class E felony and carries a maximum prison sentence of four years.
2025 Romeo and Juliet Laws in New York
Romeo and Juliet laws were coined in reference to Shakespeare’s play. The purpose of these laws was to decriminalize consensual sexual relationships between two individuals who were close in age but may be subject to statutory rape laws, such as a relationship between a very young adult and an older teenager.
New York does not have a Romeo and Juliet law, but it does take into account ages when determining outcomes for a case, as outlined in the distinctions in the previous section.
Additionally, a person may be charged with sexual misconduct in certain situations instead of being charged with a felony. This is typically used between consensual relationships, and the two parties are close in age. For example, if the two individuals are 16 and 18 years old, a defendant may seek a sexual misconduct charge, which is considered a misdemeanor.
It’s important to note that any sexual activity with someone under 11 years old is always a felony, which can lead to a prison sentence of up to 25 years based on case specifics.
Defenses to Statutory Rape
There are not many defenses that can adequately be used in cases of statutory rape. Therefore, a criminal lawyer will typically try to lessen the charges (or at least alleviate the penalties) by bringing certain evidence into court or challenging the prosecution’s evidence and claims.
- -Lack of knowledge. If the defendant can prove that they had no knowledge of the alleged victim’s age and took steps to try to verify they were of legal age (such as checking an ID but later discovering it was fake), this may help convince the prosecution to drop the charges. However, if the victim’s family and/or the prosecution chooses to proceed, this may not be as helpful during a trial.
The legal system in New York excludes “mistake of age” as a defense for prosecution. An older person remains legally responsible for committing a crime despite a minor providing false information about their age. The justification for this rule is that adults must check a person’s age before participating in sexual activities. - -False accusations. If there is evidence to show that false accusations were made for underlying reasons, the defense can present evidence that sexual activity never took place or highlight the prosecution’s lack of evidence to support their claim.
- -Close-age argument. If the two parties were close in age, the court may accept this argument, which may lead to a reduced sexual misconduct charge, depending on the circumstances.
Contact The Law Offices of Robert Tsigler, PLLC Today
Anyone facing statutory rape allegations must understand New York’s statutory rape laws, which include the age of consent, close-in-age exceptions, and statutory penalties. The laws meant to protect minors have the potential to cause significant legal problems for young adults.
Being aware of the law and taking proactive steps with a knowledgeable criminal defense NYC lawyer at The Law Offices of Robert Tsigler, PLLC, can lead to significant benefits. Contact us today to get started fighting for your rights.
