Romeo and Juliet Law in Oregon: Understanding the 3-Year Close-in-Age Exemption and Age of Consent Rules

In William Shakespeare’s tragic masterpiece Romeo and Juliet, two young lovers—barely into their teens—defy family feuds and societal norms in a passionate romance that ends in heartbreak. Their story has echoed through centuries, inspiring not only literature but also modern legal concepts. Today, the term “Romeo and Juliet law” refers to close-in-age exemptions in age of consent statutes, designed to protect consensual relationships between young people close in age from overly harsh criminal penalties.

In Oregon, the Romeo and Juliet law (officially an affirmative defense under ORS 163.345) plays a similar role: it recognizes that not every close-in-age teen relationship deserves the full weight of statutory sex crime charges. However, Oregon’s age of consent remains strictly 18, and misunderstandings about these rules can lead to serious legal, emotional, and lifelong consequences.

This comprehensive guide explains Oregon’s age of consent laws, the 3-year close-in-age exemption, how it applies in real scenarios, limitations, and practical advice for teens, parents, educators, and young adults. Whether you’re researching for personal reasons, parenting concerns, or educational purposes, understanding these statutes empowers informed decisions and helps avoid unintended violations. Important disclaimer: This article is for informational purposes only and is based on current Oregon Revised Statutes (as of 2026). It is not legal advice. Laws can be interpreted differently in court, and individual cases require consultation with a qualified Oregon attorney.

What Is the Age of Consent in Oregon?

Oregon sets the age of consent at 18 years old. Under ORS 163.315 (Incapacity to consent; effect of lack of resistance), a person is considered incapable of consenting to a sexual act if they are:

• Under 18 years of age;
• Incapable of appraising the nature of the person’s conduct;
• Mentally incapacitated; or
• Physically helpless.

This means that, legally, individuals under 18 cannot give valid consent to sexual intercourse or other sexual contact, even if they believe they are willingly participating. The law presumes incapacity based on age alone in these cases, making sexual activity with a minor a potential criminal offense—often classified under various degrees of rape, sodomy, sexual abuse, or related statutes.

A key point: Lack of verbal or physical resistance does not, by itself, constitute consent. It may be considered along with other evidence, but the age-based incapacity overrides voluntary appearance in many prosecutions.

Common Misconceptions About Consent and “Statutory Rape” in Oregon

Many people assume that if both parties “agree” and are teens, it’s automatically legal. This is a dangerous myth. Oregon does not use the term “statutory rape” explicitly; instead, charges fall under specific crimes like Rape in the Third Degree (ORS 163.355: sexual intercourse with a person under 16) or Rape in the Second Degree (ORS 163.365: under 14).

Prosecutions for purely consensual close-in-age cases are uncommon, but they can occur—especially if reported by parents, schools, or mandatory reporters. Even without prosecution, allegations can trigger investigations, family disruptions, or school consequences.

The Romeo and Juliet Law in Oregon: The 3-Year Close-in-Age Exemption Explained

Oregon’s “Romeo and Juliet” provision is not a blanket exemption but an affirmative defense outlined in ORS 163.345 (Age as a defense in certain cases). It applies when the victim’s lack of consent stems solely from age-based incapacity (not force, coercion, or other factors).

The full text of ORS 163.345 states:

(1) In prosecutions for certain offenses—including Rape in the Third Degree (ORS 163.355), Rape in the Second Degree (ORS 163.365), various degrees of sodomy and sexual abuse, and Contributing to the Sexual Delinquency of a Minor (ORS 163.435)—it is a defense that the actor was less than three years older than the victim.

(2) A similar defense applies to Unlawful Sexual Penetration in the Second Degree (ORS 163.408) when involving the actor’s hand.

(3) For Sexual Misconduct (ORS 163.445), the defense applies if the victim was at least 15 years old.

In plain terms: If the age difference is under three years and the circumstances fit one of the listed offenses, the defense can be raised to avoid conviction. It’s “affirmative,” meaning the defendant must prove it (typically by showing birth dates or other evidence), but when facts align, it effectively nullifies the charge based on age alone.

This provision balances protecting minors with acknowledging that consensual relationships between similar-aged teens (often 15–17) shouldn’t trigger felony-level consequences.

Real-World Examples of How the 3-Year Rule Applies (and Doesn’t)

To illustrate:

• Protected scenario: A 17-year-old and a 15-year-old engage in consensual sexual activity. Age difference: 2 years. The defense under ORS 163.345 applies (victim ≥15 for relevant provisions), shielding from prosecution for age-based lack of consent.
• Protected scenario: An 18-year-old (recently turned 18) and a 16-year-old (difference: under 3 years). If charged (e.g., under Rape in the Third Degree if the younger is under 16 in some interpretations), the defense can apply.
• Not protected: A 19-year-old and a 15-year-old (difference: 4 years). No defense—the full penalties may apply.
• Not protected: An 18-year-old and a 14-year-old. Even if difference is exactly 4 years, certain provisions require the victim to be at least 15 for the defense in some cases; stricter charges often apply for younger victims.
• No protection: Any case involving force, coercion, incapacity beyond age, or victims under thresholds (e.g., Rape in the First Degree for under 12). The Romeo and Juliet defense never applies here.

Related Oregon Sex Crime Statutes Impacted by the Close-in-Age Defense

The 3-year close-in-age affirmative defense under ORS 163.345 does not create a free-for-all; it specifically applies to a narrow list of offenses where the only basis for lack of consent is the victim’s age. Below is a clear overview of the most commonly implicated statutes, including how the defense interacts with each.

Important notes on penalties:

• Felony convictions (Class B or C) often carry mandatory minimum sentences, fines up to $125,000–$375,000 depending on class, and lifetime or long-term sex offender registration under Oregon’s Sex Offender Registration Act (ORS 163A).
• Even misdemeanor convictions can result in jail time (up to 1 year for Class A), fines, probation, and collateral consequences (employment, housing, education restrictions).
• The defense, when successful, prevents conviction on the age-based element, often leading to dismissal or acquittal of the charge.

Prosecutors and judges consider many factors beyond age—relationship context, reporting circumstances, evidence of coercion (even subtle), and victim impact statements.

Limitations and What the Romeo and Juliet Law Does NOT Cover

Despite its protective intent, Oregon’s close-in-age provision has strict boundaries:

1. No application to force, coercion, or incapacity beyond age The defense is unavailable if the lack of consent stems from physical force, threats, intimidation, or the victim’s mental/physical incapacitation (drugs, alcohol, unconsciousness). These trigger higher-degree charges (e.g., Rape in the First Degree – Class A felony, up to life imprisonment).
2. Stricter rules for very young victims For many offenses involving victims under 12 or 14, the defense either does not apply or is severely limited. For example, Rape in the First Degree (ORS 163.375) has no close-in-age defense.
3. Mandatory reporting obligations Teachers, counselors, healthcare providers, and other mandated reporters in Oregon must report suspected child abuse or sexual misconduct—even in close-in-age consensual cases—if they believe it meets statutory definitions. This can trigger Department of Human Services (DHS) or law enforcement investigations regardless of the Romeo and Juliet defense.
4. Federal and interstate complications If sexual activity crosses state lines or involves federal jurisdiction (e.g., images sent across state lines), federal laws like 18 U.S.C. § 2421–2424 (Mann Act) or child pornography statutes may apply, with no Oregon close-in-age protection.
5. No protection for production or possession of explicit images Even in a legally protected close-in-age relationship, creating, sending, or possessing nude or sexually explicit images of anyone under 18 can violate Oregon’s child pornography laws (ORS 163.684–163.693) or federal law (18 U.S.C. § 2256), carrying severe penalties.

In short, the Romeo and Juliet law is a narrow shield, not a broad permission slip.

Historical and Literary Context: Why We Call It the “Romeo and Juliet” Law

The phrase “Romeo and Juliet law” draws directly from Shakespeare’s 1597 tragedy. In the play, Juliet is stated to be not yet 14 (“She hath not seen the change of fourteen years”), while Romeo is typically interpreted as 16–18 in productions and scholarship. Their passionate, consensual romance—forbidden by family hatred—ends in double suicide.

Centuries later, U.S. lawmakers adopted the term to describe close-in-age exemptions that prevent criminalizing youthful, consensual relationships that mirror the “star-crossed lovers” archetype. These laws emerged in the 20th century as states grappled with rigid age-of-consent statutes (some as high as 21 historically) versus the reality of teen dating.

Oregon’s version (codified in its current form with amendments over decades, most recently clarified in the early 2000s) is relatively strict compared to states like California (3-year gap, victim ≥14) or Texas (3-year gap, broader application). Oregon’s 18-year age of consent and requirement that the victim often be at least 15 for full defense reflect a protective stance toward younger adolescents.

Practical Tips for Teens, Parents, and Young Adults in Oregon

Navigating these laws responsibly requires open communication and education:

• For teens and young adults
  • Talk openly with partners about age, boundaries, and legal risks—before anything physical happens.
  • Use protection and contraception not just for health reasons, but to avoid unintended pregnancy that could escalate family or legal involvement.
  • Avoid creating or sharing explicit images—ever—while under 18.
  • If facing pressure, coercion, or an uncomfortable situation, reach out to a trusted adult, counselor, or hotline immediately.
• For parents and guardians
  • Have age-appropriate, ongoing conversations about consent, relationships, and Oregon law.
  • Monitor online activity without invading privacy—many cases arise from shared images or social media posts.
  • Model healthy relationships and teach respect for boundaries.
• Resources everyone should know
  • Oregon Health Authority – Sexual Health Information
  • RAINN (Rape, Abuse & Incest National Network): 1-800-656-HOPE (4673)
  • Oregon Teen 2 Teen Helpline: Text TEEN to 839863
  • Local school counselors or Planned Parenthood clinics for confidential advice
  • Oregon State Bar Lawyer Referral Service for legal questions

If you or someone you know is facing allegations or investigation, contact an experienced criminal defense attorney immediately—early intervention can make a significant difference.

Frequently Asked Questions (FAQs)

Q: Is the Romeo and Juliet law an automatic exemption in Oregon? A: No—it is an affirmative defense that must be raised and proven in court, but it is very effective when the age difference is under three years and other conditions are met.

Q: Can an 18-year-old legally have sex with a 15-year-old in Oregon? A: It depends on the exact ages and dates. If the difference is less than three full years and the 15-year-old meets the statute’s minimum age threshold for the specific offense, the defense generally applies. However, risk remains if other factors (coercion, images, etc.) are present.

Q: What if the age difference is exactly three years? A: The law says “less than three years older,” so exactly three years typically does not qualify for the defense.

Q: Does this apply to same-sex or LGBTQ+ relationships? A: Yes—Oregon statutes are gender-neutral and apply equally regardless of gender or sexual orientation.

Q: Has the Romeo and Juliet law changed recently in Oregon? A: No major statutory changes have occurred since the early 2000s amendments. Always verify with current ORS publications or legal counsel for the latest interpretations.

Q: What should I do if I’m worried about a situation involving someone underage? A: Seek confidential advice from a counselor, hotline, or attorney. If you suspect abuse or coercion, contact authorities or Child Protective Services.

Shakespeare’s Romeo and Juliet reminds us that youthful passion can be beautiful, intense, and dangerously fragile when met with rigid barriers. Oregon’s Romeo and Juliet law—through the 3-year close-in-age affirmative defense—attempts to strike a careful balance: protecting minors from exploitation while avoiding the criminalization of consensual relationships between similarly aged young people.

Yet the law is clear: Oregon’s age of consent is 18, and the close-in-age protection is narrow, conditional, and never absolute. Knowledge of these rules—combined with open communication, mutual respect, and responsible decision-making—helps prevent tragedy in real life.