|
Friday November 21, 2008
|
consentual sex?
Texas
If a 18 year old female and a 16 year old male both consent to sex or sexual activities will any criminal prosecutions ensue? In Texas this would fall under the statute: § 21.11. INDECENCY WITH A CHILD. A person commits an Depending on the circumstances of the type of sexual activity that occurred, this would be considered a felony of the 2nd or 3rd degree; However, it is an affirmative (positive) defense to prosecution under these laws that the actor (older party) was not more than three years older than the victim and of the opposite sex; did not use duress, force, or a threat against the victim at the time of the offense; and at the time of the offense was not required to register for life as a sex offender; or had a reportable conviction or adjudication for an offense under this section of this statute. |
|