Queens, NY Close-in-Age (Romeo and Juliet) Exception Defense Attorney

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Facing a Sex Offense Charge Involving a Minor in Queens? The Law May Be on Your Side.

A sex offense charge in Queens can be life-altering — but not every situation is as clear-cut as prosecutors make it appear. New York's close-in-age exception, commonly called the "Romeo and Juliet" exception, recognizes that consensual relationships between young people close in age are fundamentally different from predatory conduct. If you or someone you love has been charged under New York Penal Law Article 130 in Queens, understanding exactly how this exception works — and acting fast — could make all the difference.

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What Is New York's Close-in-Age (Romeo and Juliet) Exception?

New York's age of consent is 17 years old. Anyone who engages in sexual activity with a person under 17 can face statutory sex offense charges. However, New York Penal Law includes close-in-age provisions that can reduce charges or serve as an affirmative defense when the parties are near the same age.

The Key Penal Law Sections and Age Gap Rules

NY Penal Law § 130.25 – Rape in the Third Degree (Class E Felony)

This section applies only to individuals 21 years of age or older who engage in sexual intercourse with someone under 17. Importantly, a person under 21 does not fall under this provision for that conduct alone.

NY Penal Law § 130.30 – Rape in the Second Degree (Class D Felony)

Applies to a person 18 or older who has sexual intercourse with someone under 15. Close-in-age affirmative defense: The charge does not apply if the defendant was less than four years older than the victim at the time of the act.

NY Penal Law § 130.40 – Criminal Sexual Act in the Third Degree (Class E Felony)

Mirrors § 130.25 for oral or anal sexual conduct — applies only to those 21 or older with a person under 17.

NY Penal Law § 130.45 – Criminal Sexual Act in the Second Degree (Class D Felony)

Applies to individuals 18 or older engaging in oral or anal sexual conduct with someone under 15. Close-in-age affirmative defense: The defendant was less than four years older than the victim.

NY Penal Law § 130.55 – Sexual Abuse in the Third Degree (Class B Misdemeanor)

Provides an affirmative defense when: (a) the lack of consent was solely due to the victim being under 17, (b) the victim was more than 14 years old, and (c) the defendant was less than five years older than the victim.

Concrete Example: Does the Exception Apply to a 16 and 18-Year-Old?

Yes — potentially. An 18-year-old and a 16-year-old are only two years apart. Because the 18-year-old is under 21, they fall outside the reach of § 130.25. The two-year age gap also satisfies both the four-year affirmative defense under § 130.30 and the five-year affirmative defense under § 130.55. This does not guarantee immunity, but it creates meaningful legal ground to fight the charges.

Can Addabbo & Greenberg Law Help You?

Yes. At Addabbo & Greenberg Law, located on Queens Boulevard in Forest Hills, criminal defense attorneys Todd D. Greenberg and Dominic Addabbo have built careers navigating the exact complexities these cases demand. As former prosecutors, they know how the Queens County District Attorney's office builds these cases — and where those cases can be challenged. From Queens Criminal Court in Kew Gardens to federal proceedings, they defend clients at every level.

Why Addabbo & Greenberg Law

Other attorneys refer their clients to Addabbo & Greenberg Law. That says everything. The firm is considered one of the foremost criminal defense firms in the New York area — with hundreds of major cases tried to verdict and a reputation built on zealous advocacy and personal attention. The firm has earned recognition across the Queens community, including the 2025 "Lion of the Year" award from the Richmond Hill–South Ozone Park Lions Club and participation in events like the Queens ADA Association Gala.

The Real Risk: Charges, Sentencing, and Sex Offender Registration

This cannot be overstated: even a misdemeanor sex offense conviction in New York can trigger mandatory sex offender registration under SORA — the Sex Offender Registration Act. That means potential registration, community notification, and lifetime consequences that follow you regardless of how minor the charge sounds. The difference between a Class B misdemeanor and a Class D or E felony is enormous in terms of incarceration exposure, probation, and registration tier. Acting before charges are filed — or immediately after arrest — gives your attorney the best opportunity to intervene.

What Happens Next: Your Steps After an Arrest in Queens

1. Do not speak to police or prosecutors without an attorney present.
2. Contact Addabbo & Greenberg Law immediately for a free phone consultation at 718-268-0400.
3. Your attorney will review the charges, applicable Penal Law sections, and whether the close-in-age exception applies.
4. A defense strategy will be built — from seeking charge reduction to pursuing full dismissal.

Frequently Asked Questions: Romeo and Juliet Law in New York

What is New York's Romeo and Juliet law?
New York does not have a standalone "Romeo and Juliet" statute, but close-in-age affirmative defenses exist within NY Penal Law Article 130 that can reduce or defeat charges when parties are close in age.

What is the maximum age gap allowed under New York's close-in-age exception?
It depends on the charge. For § 130.30 and § 130.45, the defendant must be fewer than four years older. For § 130.55, fewer than five years older.

Does New York's close-in-age exception prevent sex offender registration?
Not automatically. Registration under SORA depends on the conviction, not the defense raised. Avoiding registration requires avoiding conviction — which is why strong legal representation matters.

Can a person under 21 be charged with rape in the third degree in New York?
Under § 130.25(2), that specific provision applies only to individuals 21 or older. However, other charges may still apply depending on the circumstances.

Is consent a defense to statutory sex offense charges in New York?
No. New York law deems individuals under 17 incapable of giving legal consent, regardless of what either party believed or agreed to.

Schedule Your Free Consultation with Addabbo & Greenberg Law Today

A sex offense charge tied to a relationship involving someone close in age does not have to define your future. The attorneys at Addabbo & Greenberg Law have the courtroom experience and prosecutorial insight to fight for the outcome you deserve. Don't wait — call 718-268-0400 now or contact us online to schedule your free phone consultation. Your defense starts today.

Related Pages: Sex Crimes Defense | Criminal Law | Federal Criminal Defense