In Louisiana, where Spears lives, it is a misdemeanor for someone age 17 to 19 to have consensual sex with someone age 15 to 17 if the difference between their ages is more than two years.
In California, where she sometimes tapes her television show, it's a misdemeanor to have sex with someone younger than 18 if the offender is less than three years older. Someone more than three years older could be charged with a felony.
http://www.cnn.com/2007/SHOWBIZ/TV/12/19/spears.statutory.rape/Consensual sex between minors is a thorny legal issue. This could get ugly.