Understanding New York’s Romeo and Juliet Laws

Overview of Romeo and Juliet Laws

Romeo and Juliet laws are intended to address issues related to offenses where one party was underage. The statutory rape law, for example, is amended by Romeo and Juliet laws to exclude certain kinds of charges from going forward if the victim and defendant were both under the legal age of consent and close in age. New York’s statutory rape law applies if one of the parties is under the age of consent. Without the Romeo and Juliet law, a sexual encounter could lead to statutory rape charges.
In most states, the age of consent is between 16 and 18, but in New York, it is 17. While the age of consent is the same in every state, the close-in-age exceptions with Romeo and Juliet laws are different . In some states, there must be only a couple of years difference between the ages of those two people, while in others, it can be four or five.
In some states, even an age difference of as much as four years can be covered by the state’s Romeo and Juliet laws. When any criminal charges are filed, a defense lawyer can argue that the defendant was within the range of the close-in-age exception. It must be emphasized that laws and their applications can change quickly, so those with a concern about a legal issue should talk to a family lawyer now rather than wait. Mental health counseling is also available.

New York’s Position on Romeo and Juliet Laws

In contrast to the majority of states in the U.S., New York does not have any laws regulating consensual sexual relationships between minors. The only instance where such a law would come into play is if one participant is below the age of consent, which would constitute a statutory rape charge.
The legal age of consent in New York is 17 years old. If one party is at least 17 and the other is 16 or older, the sex is legal. Though those under 16 can enter into a sexual relationship with someone of any age, the age of consent law protects them from those much older than them that might manipulate or pressure them into having sex. Like many states, New York has no "Romeo and Juliet law" to protect parties that were previously engaged in sexual conduct prior to one party turning 17 years old.
New York has three different degrees of statutory rape, depending on the ages of the parties involved in the sexual relationship:
This means that while someone over 17 can engage in a sexual relationship with someone of any consenting age, one of the parties must be at least 17 years old in order to engage in sexual conduct. Otherwise, a statutory rape charge could be brought against the perpetrator.

New York’s Statutory Rape Laws

New York penal law has five degrees of the crime of sexual conduct with a minor. These are: sexual conduct against a child in the first, second, third, fourth and fifth degrees (PL 130.70 – 74). The most serious of these offenses is sexual conduct against a minor in the first degree, where an adult has sexual contact with a minor less than 13 years old on two or more occasions (PL 130.70(1)). The least serious of these offenses, in contrast, is sexual conduct against a minor in the fifth degree, where a minor engages in sexual contact with anyone who is "more than four years older." (PL 130.80 (1)).
In a prior blog post we discussed sex crimes in terms of whether force or coercion was used, or whether the victim had given consent. In statutory rape cases, however, this is entirely irrelevant to the prosecution. All that must be shown to sustain a conviction is that a suspect was over the age of consent (15) and did not force the sexual contact.
In terms of pushing for a prosecution, the overwhelming majority of these cases are initiated by either parents finding out that their child engaged in sexual conduct with someone extremely close to their own age, or parents finding out that another person had engaged in sexual conduct with their child, out of nowhere. As is alluded to by the above, a small age difference can result in the predicate crime of sexual conduct with a minor. Generally, if, for example, a 14 year old engages in sexual conduct with a 17 year old, the cops will be giving the 17 year old a hard time, despite the fact that the two kids are largely the same age.
Statutory rape laws are only one aspect of the law dealing with sexual conduct with minors. Several offenses are also created where an adult "grooms" a child over the internet, intending to engage in sexual conduct. Finally, where sexual conduct occurs with a minor who is less than 11 years old, the "Romeo and Juliet" law becomes inapplicable.

Legal Status of Young Couples

New York law provides legal protections for consensual sexual activity in certain circumstances. For example, New York law prohibits the prosecution of someone for sexual offenses that are committed between a defendant who is aged 21 (and is not a registered sex offender) and a victim who is aged 15. As noted above, if both the defendant and the victim are under the age of 17, then the defendant may be charged with third degree rape (age is measured at the time of the crime). In these cases, however, no conviction will occur if the defendant proves at trial, or attempts to prove at trial, that he or she was "not more than 4 years older than the complainant." If the defendant was not more than four years older than the complainant at the time of the incident, then the court will dismiss the charge.
Other defenses are available, too. For example, any defendant charged with criminal sexual act in the third degree, rape in the third degree, sexual abuse in the second degree or sexual conduct against a child in the second degree may use, as an affirmative defense, the following defense: "At the time of the conduct, [he/she] reasonably believed that such other person was thirteen, fourteen or fifteen years old, and that [he/she] did not violate the affirmative defense provision as set forth in section 130.20 [Romeo and Juliet Laws]."
Additionally, New York allows for a mistake-of-age defense if the defendant was "not more than four years older than the complainant" at the time of the incident and "reasonably believed [complainant] to be seventeen years old or more."
Given the scope of these protections, it is always wise for close-in-age couples to make sure they are privy to the laws and that they are in the clear.

Case Examples of Romeo and Juliet Laws

One notable case that highlights the age of consent laws in New York is the 2009 decision of the New York Court of Appeals in People v. Perino. Here, the court ruled on the application of the age of consent statute to a teacher who had engaged in sexual relations with a student who was under the age of 16. The court held that despite the defendant’s position of authority over the student, the age of consent was not retroactively lowered based on the defendant’s unproven claims that the student had deceived him about her age. In another example, the 2016 case of People v. Messina highlighted the lack of Romeo and Juliet laws in New York. In this case, the defendant was a 21-year-old who had engaged in sexual conduct with a 15-year-old . The defendant did not plead guilty to the conduct, and was convicted of third-degree sexual abuse. The court acknowledged the defendant’s argument that the age of consent was too severe in a situation where two young people of similar ages had engaged in consensual conduct; however, it ruled that the court was not free to create a safe harbor from prosecution for the defendant given the strict nature of the statute. Overall, while there are no Romeo and Juliet laws in New York, couples over the age of 16 should consult with experienced criminal defense attorneys if they have any questions relating to the age of consent, or if an alleged violation of the criminal law has occurred.

Possible Changes and Public Support

The conversation around Romeo and Juliet laws continues in New York. Advocates for change in how the state handles consensual sex between minors are making themselves heard, hoping to influence legislators in Albany. The most notable proposed reform is Assembly Bill A1883, sponsored by Assemblymember Matthew Titone. The bill seeks to exempt consensual sexual activity when both parties are at least 15 years of age from prosecution. This would restrict the applicability of statutory rape laws to cases of exploitation or coercion.
Public opinion on this issue is divided. Some argue that having an unwavering statutory rape law protects young people from exploitation, harassment and predatory behavior. Others feel that the law disproportionately impacts teenage relationships, punishing young adults for having legal sex with their partner while ensuring that others are able to wait until they are older without fear of prosecution.
Nationally, some states have reformed their age-of-consent laws to include exemptions for consensual sex between minors. In Louisiana, for example, House Bill 943 was passed in 2018, creating a "close-in-age" exemption that includes minors 13 years of age and older.
In 2018, Illinois Governor Bruce Rauner signed legislation that prevents minors from being prosecuted under statutory rape laws for engaging in sexual activity when both partners are no more than five years apart in age. The Governor expressed support for minors who engage in sexual activity at a similar stage of development and suggested that parents should be the ones to discipline their children for sexual transgressions, not the legal system.
Similar reforms have been debated in California, where a bill known as SB-145 was brought to the floor of the California State Assembly. The bill, which would create a "close-in-age" exemption, primarily deals with cases in which one partner is a high school student and the other is over the age of 21.
While Louisana, Illinois and other states have seen at least some movement towards reforming their statutory rape laws to create exemptions for consensual sexual conduct between minors, New York has not yet made any such changes. The penal code still strictly prohibits any sexual conduct by anyone under the age of 17, regardless of whether the conduct is consensual or not.
Opinions on the New York law are varied. Many lawmakers support the strict application of the law, suggesting that sexually active teenagers should face the same penalties as adults. Still others feel like the law is too severe and has no place in a state that allows young adults to enroll in the military and to presumably engage in the risk of warfare, but prevents them from engaging in consensual sex.

Final Thoughts and Legal Guidance

Since writing this, New York has reformed its laws on the legal age of consent. For more information about the changes to New York’s laws on the legal age of consent, please see this post.
If you are seeking legal advice about Romeo and Juliet laws – laws that allow people involved in consensual relationships to avoid criminal prosecution if they are within a certain number of years from each other in age – you should seek advice from a knowledgeable criminal defense attorney. Laws on the age of consent vary from state to state. The law frequently changes and may change even while you are drafting the facts of your case. Additionally , certain facts about your case may make one potential outcome more likely than another. Only an attorney who is familiar with sex crimes law in your jurisdiction, its history, and its recent developments can give you individualized advice.
If you are seeking legal advice about a specific case, it may be better to contact an attorney directly rather than posting your legal questions on the Internet.