Minnesota does not have a statute formally called a “Romeo and Juliet law.” The phrase is shorthand for the close-in-age provisions built into Minnesota’s criminal sexual conduct statutes. The age of consent in Minnesota is 16, but for teens aged 13 to 15, certain sexual activity with a partner who is close in age is not a crime under the age-based sections of the law, while the same conduct with an older partner can lead to felony charges.
Because these rules turn on exact age gaps measured in months, the specific act involved and factors such as force or a position of authority, it is easy to misunderstand them. This guide explains how the provisions are generally described, where the protection ends, and what families should do if a teen is investigated or charged.
How Minnesota’s close-in-age rules work
Minnesota spreads its sexual offense laws across several degrees of criminal sexual conduct (CSC), found in Minnesota Statutes sections 609.342 to 609.345. Several of the age-based offenses only apply when the older person is more than a set number of months older than the younger person. When the age gap is smaller than that threshold, that particular age-based charge does not apply. That gap-based structure is what people mean by Minnesota’s Romeo and Juliet protection.
The table below summarizes how these provisions are commonly described. It is a simplified overview; the statutes contain more conditions, and they are amended from time to time, so always check the current text or ask a lawyer.
| Younger person’s age | Type of conduct | Age gap where age-based charges generally apply | Close-in-age outcome |
|---|---|---|---|
| Under 13 | Penetration or contact | Any gap | No real protection; lower degree charges can still apply even when both are young |
| 13 to 15 | Sexual penetration | Older person more than 24 months older | Not an age-based crime if the gap is 24 months or less |
| 13 to 15 | Sexual contact (no penetration) | Older person more than 48 months older | Not an age-based crime if the gap is 48 months or less |
| 16 or 17 | Penetration or contact | Generally only if the older person is more than 48 months older and in a position of authority, or another aggravating factor applies | At or above the age of consent in most circumstances |
A few examples
- A 15-year-old and a 17-year-old who are 20 months apart: the age-based third-degree provision generally would not apply to consensual sexual activity, because the gap is under 24 months.
- A 14-year-old and a 17-year-old who are 34 months apart: sexual penetration could be charged as third-degree CSC, because the gap is more than 24 months, even if the younger teen agreed.
- A 12-year-old and a 13-year-old: consent is not a defense when one person is under 13, and charges can still be brought even though the two are close in age.
These examples are simplified and only illustrate how the age gaps work. Real cases depend on exact birthdates and all the facts.
When the close-in-age protection does not apply
The close-in-age rules only remove liability under the age-based sections. They do not protect anyone when other elements of a CSC offense are present. Protection generally does not apply where:
- Force, coercion or threats were used.
- The younger person could not consent because of intoxication, sleep, a physical or mental condition, or similar reasons.
- The older person holds a position of authority, such as a coach, teacher, employer or youth leader.
- A significant relationship exists, such as certain family or household relationships.
- One person is under 13.
Separate laws also cover sharing sexual images. Photos or videos of anyone under 18 can create serious legal problems on their own, even between teens who are dating, so families should talk openly with young people about the risks of sending or saving images.
What about mistake of age?
In some situations involving a younger person aged 13 to 15, Minnesota law allows a limited affirmative defense if the accused reasonably believed the other person was 16 or older and the age gap is within a statutory limit. The accused must prove this defense. It is not available when the younger person is under 13, and whether it applies depends heavily on the facts, so it is a question for a defense attorney.
Possible charges and consequences
Where the age gap exceeds the thresholds, the most common charges in teen relationship cases are third-degree CSC (for penetration) and fourth-degree CSC (for sexual contact). Both are felonies. Statutory maximums are commonly reported as up to 15 years in prison for third degree and up to 10 years for fourth degree, along with substantial fines, though actual sentences depend on sentencing guidelines, criminal history and the facts.
A conviction can also bring consequences that outlast any sentence:
- Predatory offender registration requirements.
- A permanent criminal record that affects college admissions, jobs, housing and professional licenses.
- Probation conditions, treatment requirements and no-contact orders.
- Immigration consequences for non-citizens.
When the accused is also a minor
If the accused is under 18, the case usually starts in juvenile court, which focuses more on rehabilitation. Options such as diversion or a stay of adjudication may be available in some cases. For more serious allegations, prosecutors can seek extended jurisdiction juvenile (EJJ) status or ask to have the case certified to adult court, which raises the stakes considerably.
What to do if your teen is investigated or charged
- Do not let your teen talk to police without a lawyer. Your teen has the right to remain silent and to have an attorney present. Politely decline interviews until you have legal advice.
- Preserve evidence. Do not delete messages, photos, social media accounts or call logs. Deleting material can create additional legal problems. Let a lawyer decide what is relevant.
- Stop contact. If there is a no-contact order or investigation, the teens should not communicate, even through friends.
- Gather documents. Birth certificates and school records help establish exact ages, which can decide whether a charge applies at all.
- Get specialist help. Look for an attorney who regularly handles CSC and juvenile cases in the county where the case is filed.
Many Twin Cities families start by speaking with a criminal sexual conduct lawyer in Minneapolis, such as the team at Lynne Torgerson’s firm, to understand whether the close-in-age provisions apply and what defenses exist. A lawyer can check birthdates against the statutory thresholds, challenge evidence, and negotiate with prosecutors.
How cases are often resolved
Many cases end without a trial. Depending on the facts, possible outcomes include dismissal, diversion, a reduced charge, or a stay of adjudication that can keep a conviction off the record if conditions are met. Negotiations with the prosecutor are often central, and it helps to understand the crucial role of a criminal defense lawyer in plea bargaining, since the terms of any agreement can decide whether registration or a felony record follows.
Common misunderstandings
- “They were dating, so it is legal.” Not necessarily. A relationship does not override the age thresholds.
- “Parents approved.” Parental permission is not a defense.
- “Both were minors, so nobody can be charged.” Minors can be charged, usually in juvenile court.
- “Other states’ rules apply here.” Close-in-age rules differ widely between states. Minnesota law applies to conduct in Minnesota.
For readers interested in how legal rules are studied and applied more broadly, see our tips for studying online law courses. Families dealing with the stress of an investigation may also find our guide on getting the most from sessions with a psychologist helpful, since these cases can be hard on everyone involved.
This article is general information, not legal advice. Laws change and every case is different, so speak with a licensed Minnesota attorney about your situation.
Frequently asked questions
What is the age of consent in Minnesota?
The age of consent in Minnesota is generally 16, although older ages apply where the other person holds a position of authority or certain other relationships exist.
Does Minnesota have a Romeo and Juliet law?
Not by that name. The term refers to close-in-age provisions in Minnesota’s criminal sexual conduct statutes that make some age-based charges apply only when the age gap exceeds a set number of months.
What age gap is allowed for a 15-year-old in Minnesota?
As the law is commonly summarized, age-based charges for sexual penetration apply when the older person is more than 24 months older, and for sexual contact when the older person is more than 48 months older. Force, incapacity or a position of authority change the analysis.
Can a minor be charged with criminal sexual conduct?
Yes. Cases involving an accused under 18 usually go through juvenile court, but serious cases can be handled under extended juvenile jurisdiction or moved to adult court.
Should my teen talk to the police if they are contacted?
It is generally wise to speak with a criminal defense attorney before your teen gives any statement. They have the right to remain silent and to have a lawyer present.
