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Home › Blog › What Is Arizona’s “Romeo and Juliet” Law?
“Romeo and Juliet” laws, named after the famous William Shakespeare play, deal with relationships between two people who are young in age. Every state has age of consent laws that impose a minimum age at which individuals can consent to engage in sexual activity. Some states, including Arizona, have Romeo and Juliet laws that provide limited exceptions to this rule.
If you are being investigated or accused of an offense involving a minor, contact AZ Defenders for a free, confidential consultation. An attorney can review the ages, dates, alleged conduct, and charge to determine which defenses may apply.
Arizona’s general age of consent is 18. Under A.R.S. § 13-1405, intentionally or knowingly engaging in sexual intercourse or oral sexual contact with a person under 18 can constitute sexual conduct with a minor. A minor’s agreement alone does not resolve whether the statute has been violated; Arizona law provides specific defenses with separate requirements.
“Statutory rape” is a commonly used description, but the Arizona charge is sexual conduct with a minor. It is distinct from sexual assault under A.R.S. § 13-1406, which addresses intercourse or oral sexual contact without consent. The close-in-age defense should not be described as protection against every sexual offense.
Arizona’s so-called Romeo and Juliet law is the defense in A.R.S. § 13-1407(E). All of these conditions must be satisfied:
The statute uses an either-or test for the defendant’s age and high school attendance. Someone under 19 does not also need to attend high school to satisfy that particular condition. Someone who is 19 or older must satisfy the high school condition, as well as every other requirement. Exact birth dates matter because the permitted age difference is measured in months.
For example, two people described as 17 and 15 are not necessarily within 24 months of each other. Their actual birth dates and the date of the conduct are needed. A consensual situation involving a 16-year-old and an 18-year-old exactly 24 months older meets the stated age conditions; an age gap of 25 months does not. These examples address eligibility conditions, not whether a particular person will be investigated, charged, or acquitted.
Section 13-1407(E) lists the offenses to which the defense applies: sexual conduct with a minor (§ 13-1405), child enticement (§ 13-1430), the specific offense in § 13-3553(A)(4), and aggravated luring of a minor for sexual exploitation (§ 13-3560). It does not create blanket protection for sexual images or apply to sexual assault under § 13-1406. It does not apply when the other person is under 15.
The close-in-age defense is separate from the mistake-of-age defense in A.R.S. § 13-1407(B). For the charges and circumstances described in that subsection, the other person must be 15, 16, or 17, and the defendant must not have known and could not reasonably have known that person’s age. A statement that someone claimed to be 18 does not, by itself, establish the defense.
A.R.S. § 13-1407(D) also recognizes a spouse defense to sexual abuse and sexual conduct with a minor. For these statutes, “spouse” means legally married and cohabiting under § 13-1401(A)(5). Marriage is not a defense to sexual assault. Arizona’s marriage statute, § 25-102, prohibits marriage under 16. A person who is 16 or 17 may marry only under the specified emancipation or custodial parent or guardian consent conditions, and the prospective spouse must be no more than three years older.
For an explanation of the charge and its possible consequences, see our sexual conduct with a minor defense page. If police have contacted you or charges have been filed, contact AZ Defenders to discuss the facts of your situation.