Does Michigan Have a Romeo and Juliet Law?

Michigan has no "Romeo and Juliet law" that works as a defense to a criminal charge. Sexual penetration with a person aged 13 to 15 is third-degree criminal sexual conduct whatever the ages of the two people.^[1] What Michigan does have is a set of close-in-age provisions in the Sex Offenders Registration Act that can keep a person off the registry, or take a person off it, when the act was consensual and the age conditions are met exactly.^[3][4]

Law as of 4 October 2026. Court rulings are changing registry law. On September 9, 2026 the Michigan Supreme Court held that the 2021 SORA may not be applied retroactively to registrants whose offenses predate the 2011 amendments, and the Michigan State Police reported on September 11, 2026 that it had removed more than 20,000 people from the registry, with numbers that could change.^[6][7] A federal appeal was still pending when the State Police published its September 2026 legal update.^[8] A registrant should confirm current duties with the Michigan State Police Sex Offender Registry Unit or an attorney before relying on this page.

This page explains why consent and closeness in age are not defenses, and then sets out each registry provision with its conditions.

Why there is no close-in-age defense to the charge

Under MCL 750.520d(1)(a), a person is guilty of third-degree criminal sexual conduct if the person engages in sexual penetration with another person who is at least 13 years of age and under 16 years of age.^[9] That subdivision has no minimum age for the accused, no age-gap requirement and no consent exception, so two teenagers in the same age group can each be charged.^[10]

Consent does not change the analysis. Because a person under the age of 16 is legally incapable of consenting to a sexual act, consent is inapplicable for all criminal sexual conduct offenses involving victims under 16.^[2] The Michigan Supreme Court has put it this way: there is "no issue of consent in a statutory rape charge because a victim below the age of consent is conclusively presumed to be legally incapable of giving his or her consent."^[11]

The Court of Appeals addressed the age-gap argument directly in In re Hildebrant: "If our state legislature had intended that courts consider the age differential between the offender and the victim, it could have included this consideration in the criminal sexual conduct statutes."^[1]

Third-degree criminal sexual conduct is a felony punishable by imprisonment for not more than 15 years, and probation is not available for it.^[12][13] The offense is explained in third-degree CSC, and the general rules in age of consent in Michigan and statutory rape laws.

The one place an age gap is part of the crime

Fourth-degree criminal sexual conduct treats sexual contact differently from penetration. Sexual contact with a person who is at least 13 but less than 16 is a crime on age alone only if the actor is 5 or more years older than that person.^[14] That is the only place in the criminal sexual conduct statutes where the age difference between the two people is an element, and it applies to contact, not to penetration.^[14][1]

Ages are counted by the birthday rule: a person reaches a given age on the anniversary of birth.^[15]

Registry relief at sentencing: the consent exception

First-degree criminal sexual conduct, third-degree criminal sexual conduct and assault with intent to commit sexual penetration are Tier III offenses, which carry registration for life.^[16][17] MCL 28.722(v)(iv) then says that subparagraph "does not apply if the court determines" three things:^[3]

1. The victim consented to the conduct constituting the violation.^[3]
2. The victim was at least 13 years of age but less than 16 years of age at the time of the offense.^[3]
3. The individual is not more than 4 years older than the victim.^[3]

All three are required, and the court makes the determination.^[3] MCL 28.723a sets the procedure:

• If a person who pleads guilty to or is found guilty of a listed offense, or a juvenile adjudicated responsible for one, alleges that the exception applies and the prosecuting attorney disputes that allegation, the court must conduct a hearing before sentencing or disposition.^[18]
• The individual has the burden of proving by a preponderance of the evidence that the conduct falls within the exception.^[19]
• The rules of evidence do not apply at the hearing, except those on privileges and the protections of the rape shield statute, MCL 750.520j.^[18]
• The prosecuting attorney must give the victim notice of the date, time and place. The victim may submit a written statement, attend and make a written or oral statement, refuse to attend, or attend but refuse to testify or make a statement.^[18]
• The court's decision excusing or requiring registration is a final order that either the prosecuting attorney or the individual may appeal as a matter of right.^[18]

Similar exceptions exist for two Tier II offenses. Sodomy under MCL 750.158 against a minor and gross indecency against a person aged 13 to 17 are not Tier II offenses where the victim consented, was at least 13 but less than 16, and the individual is not more than 4 years older, or where the victim consented, was 16 or 17, and was not under the custodial authority of the individual.^[20]

Registry relief later: the consensual-act petition

A person who is already registered, in any tier, may petition under MCL 28.728c(14). The court "shall grant" a properly filed petition if it determines that the conviction for the listed offense was the result of a consensual sexual act between the petitioner and the victim and one of three sets of conditions applies:^[4]

Ground	Convictions covered	Victim's age	Further condition
28.728c(14)(a)	A listed offense resulting from a consensual sexual act	13 or older but less than 16 at the time of the offense	Petitioner is not more than 4 years older than the victim[4]
28.728c(14)(b)	MCL 750.158, 750.338, 750.338a or 750.338b	13 or older but less than 16 at the time of the violation	Individual is not more than 4 years older than the victim[21]
28.728c(14)(c)	MCL 750.158, 750.338, 750.338a, 750.338b or 750.520c(1)(i)	16 or older at the time of the violation	Victim was not under the custodial authority of the individual at the time of the violation[22]

"Custodial authority" has a statutory definition. It applies where, among other listed circumstances, the actor was a member of the same household as the victim, was related to the victim by blood or affinity to the fourth degree, was in a position of authority over the victim and used that authority to coerce the victim to submit, or was a teacher, substitute teacher or administrator of the school in which the other person was enrolled.^[23]

The petition is filed in the court of conviction, must be made under oath, and must be served on the prosecuting attorney at least 30 days before the hearing.^[24][25] A petition may not be filed if a previous petition was filed and denied by the court after a hearing.^[24] The full procedure, including the victim's right to attend and be heard, is in petitioning to be removed from the registry.^[26]

How strict is "not more than 4 years older"?

Very. In People v Costner, the Court of Appeals stated that a person "who is even one day past the 4-year or 48-month eligibility limit" in the petition provision is ineligible for relief under it.^[5] The limit is measured between the two people's ages, so the exact birth dates decide the question.

The three numbers in this area are easy to confuse:

Rule	Age condition	What it affects
Third-degree CSC, MCL 750.520d(1)(a)	Other person at least 13 and under 16; no age-gap element	Whether a crime was committed[9][10]
Fourth-degree CSC, MCL 750.520e(1)(a)	Other person at least 13 but less than 16, and actor 5 or more years older	Whether a crime was committed[14]
SORA exception and petition	Victim at least 13 but less than 16, consensual, individual not more than 4 years older	Registration only[3][4]

Related rules for young defendants

Two other statutes take youth and closeness in age into account, again without creating a defense.

• Youthful trainee status. The Holmes Youthful Trainee Act is closed to criminal sexual conduct offenses except violations of MCL 750.520d(1)(a) and 750.520e(1)(a).^[27] Even then, a person charged with a registrable listed offense must prove by clear and convincing evidence that he or she is not likely to engage in further listed offenses.^[28] A person who is assigned to and successfully completes youthful trainee supervision is not convicted for purposes of the registration act.^[29] See HYTA and sex offenses.
• Probation length. The court may exempt from the 5-year-minimum listed-offense probation scheme a person convicted solely under MCL 750.520e(1)(a) who was 17 or older but less than 21 at the time and is not more than 5 years older than the victim.^[30]

The federal definition

The federal registration act has its own close-in-age rule. An offense involving consensual sexual conduct is not a "sex offense" for federal purposes if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.^[31]

What people get wrong

"Michigan has a Romeo and Juliet law, so it is not a crime." The relief is on the registry side only. Penetration with a 13-to-15-year-old is third-degree criminal sexual conduct regardless of the accused's age.^[1]

"The gap is five years." Five years is the element of the fourth-degree contact offense. Registry relief requires that the individual be not more than 4 years older.^[14][3]

"If the judge believes it was consensual, registration is waived automatically." The individual carries the burden of proof at a hearing, and the age conditions must also be met.^[19][3]

"She said she was older." A reasonable mistake about age is not a defense to an age-based charge; see mistake of age is not a defense.^[32]

Where the tiers come from is covered in SORA tiers in Michigan, and cases involving minors on both sides in juvenile sex offense cases.