Feature Article

The Ins and Outs of Arizona's Romeo and Juliet Law

As a parent or guardian, it's natural to worry about your child's safety, especially when it comes to their romantic relationships. It's not unusual to hear of teenagers engaging in sexual activity with partners who are still minors. Such an act, however, is considered statutory rape in Arizona and is punishable by law. But what if the parties involved are close in age? What if the younger partner consented to the sexual act? This is where Arizona's Romeo and Juliet law comes into play.

What is the Romeo and Juliet Law?

The Romeo and Juliet law, also known as the 'close-in-age exemption,' was designed to protect minors who engage in sexual activity with someone who is close to their age from being labeled as sex offenders

The intent behind the law is to ensure that minors who are in a romantic and sexual relationship who are close in age, so long as there is consent by both parties and the respective age gap is around 2-4 years do not have to face the same consequences as those who engage in sexual acts with minors.

How Does the Romeo and Juliet law fit into Arizona's statutory rape laws?

According to the Arizona Revised Statutes Section 13-1405, a person who engages in sexual activity with a minor that is under the age of 18, who is not of the same household, is considered statutory rape. The law applies irrespective of whether the minor consented to the sexual act or not.

The Romeo and Juliet law creates an exception to this rule by providing a defense to prosecution for individuals who engage in a consensual sexual relationship with someone close to their age. The exemption applies to minors aged 15, 16, and 17 if their partner is no more than two years older than them.

What is Arizona's Mistake of Age Law, and How Does It Differ from Romeo and Juliet Laws?

Arizona's Mistake of Age Law is contained in Section 13-1407 of the Arizona Revised Statutes. It's meant to protect individuals who engaged in sexual activity with minors based on the belief that the minor was over the age of 18. If the defendant proves that they acted on a 'reasonable mistaken belief' that the minor was over 18, they might be exempted from prosecution for statutory rape.

The difference between the Mistake of Age Law and the Romeo and Juliet Law is that the latter provides an exemption to prosecution for minors engaged in sexual activity with someone close to their age, while the former provides exemption only if there was a reasonable mistake about the minor's age.

FAQs About Romeo And Juliet Law In Arizona

Q: What is the age limit covered under Arizona's Romeo and Juliet law?

A: The law applies to minors aged 15, 16, and 17.

Q: Is it a defense for minors within the age limit to be in a sexual relationship with someone who is older than two years?

A: No, it isn't. The Romeo and Juliet law only provides an exemption if the partner is no more than two years older.

Q: Does the Romeo and Juliet law apply if the minor did not consent to the sexual act?

A: No, it doesn't. The law only grants exemption if there was mutual consent between both parties.

Q: Can someone be charged with statutory rape even if they believed the minor was over 18?

A: Yes, they can. Arizona's statutory rape laws do not take into account the defendant's belief about the minor's age.

Kolsrud Law Offices

Having a clear understanding of Arizona's Romeo and Juliet law can go a long way in protecting minors from being branded sex offenders. For more detailed information regarding the law and how it might apply to your specific case, please contact the Kolsrud Law Offices for legal guidance.

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