The Romeo and Juliet law in Arizona refers to an exception in the state’s statutory rape laws. It typically applies to minor offenders who are 15, 16, or 17 years old.
The law protects consensual sexual activity between underage teenagers who are less than two years apart in age, recognizing that some relationships between close-in-age teens aren’t criminal.
Speak with a Phoenix rape defense lawyer if your teenager has been charged with statutory rape. Your attorney will empathize with you and your child as you deal with this incredibly difficult situation.
They can teach you about Arizona’s Romeo and Juliet law and, if warranted, represent your child throughout their case proceedings.
What Does the Romeo and Juliet Law in Arizona Mean?
Arizona’s Romeo and Juliet law creates a limited exception to the age of consent of 18 years old. With the age of consent, a person is required to be a minimum of 18 years old to legally consent to sexual conduct.
However, if 15-, 16-, and 17-year-olds engage in such conduct with each other, they may be exempt from the age of consent, depending on the situation.
For example, suppose that a 15-year-old and a 16-year-old engage in consensual sex. Both of these parties are teens between the ages of 15 and 16, and their ages are within one year of each other.
As such, they may be protected under AZ’s Romeo and Juliet law. Yet, if either party was 18 or older, they could be punished in alignment with Arizona law.
Don’t wait to get legal help from a Phoenix sexual assault defense lawyer if your teen has been charged with statutory rape. Your attorney can address any concerns or questions that you have about the Arizona Romeo and Juliet law. They can also give you insights into the state’s close-in-age exemption as it relates to the age of consent in Arizona.
What Is AZ’s Close-in-Age Exemption?
With the Romeo and Juliet rule, a close-in-age exemption is established that relates to AZ’s age of consent. Due to this exemption, if two teenagers close in age consent to sexual activity with one another, they may not be punished in accordance with Arizona Revised Statutes (ARS) Section 13-1405.
To be charged with statutory rape in Arizona, an individual must be the legal age of consent. But 15-, 16-, and 17-year-olds fall short of this age.
Thus, even if two minors within this age range engage in sexual activity, neither meets the criteria for the age of consent. As a result, this activity may not be considered illegal, and neither party may be punished.
AZ’s Romeo and Juliet law doesn’t apply to minors under age 15. If a 15-, 16-, or 17-year-old engages in sexual activity with a minor 14 or younger, they may be charged with child sexual abuse.
Alternatively, the law can sometimes apply to people 18 and 19 years old if they are no more than two years older than their sexual partners and still in high school.
Other Exceptions to Arizona’s Statutory Rape Law That You Need to Know About
A Phoenix sex crimes lawyer knows the challenges that a teen will face if they have been charged with statutory rape. They can provide information about Arizona’s Romeo and Juliet exception and whether it may help this individual defend against a criminal conviction. In addition, they can share details about other exceptions to Arizona’s statutory rape law.
For instance, in Arizona, a teen can get married at age 16 or 17 if at least one parent or legal guardian consents. Or, if a minor is under 16, they can get married if they have the consent of a legal adult and receive approval from a Superior Court. Therefore, if two teens are married and have consensual sex, neither may be charged with statutory rape.
Comparatively, an individual may be charged with statutory rape even though they believed that the other party was at least 18. A Phoenix criminal defense lawyer may build a legal defense to show a mistake of age. If they can prove that a reasonable person would have believed that this party met the age of consent, they could defend their client from a conviction.
Learn More about the Arizona State Romeo and Juliet Law
Arizona’s Romeo and Juliet law gets its name from William Shakespeare’s famous play. Those who are unfamiliar with this law could suffer tragic consequences if they’re not careful.
Fortunately, Phoenix criminal defense attorneys know the ins and outs of Arizona law. They can give you insights into the Romeo and Juliet law and others upon request.
Suzuki Law Offices is committed to providing our clients with exceptional legal service. Our team includes former prosecutors and has decades of combined experience.
If you want information about the Romeo and Juliet law or others in Arizona or need legal guidance from our proven criminal defense lawyers, we’re here to help. Contact us today to get started.
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