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Friday February 10, 2012
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Is this considered statutory rape in Texas?
Texas
My friend's 22 and he's seeing this girl who is 14 (soon turning 15). I don't think they've done anything other than kissed, and maybe some serious foreplay... but no anal/vaginal penetration. So my question is 'is it against the law if my friend (22) and this girl (14) are having oral sex and have pretty much done everything EXCEPT penile penetration?' (and I specifically put the words penile penetration because I know for a fact that he has fingered her). So can he just get in trouble for kissing her? Or fingering her? Or for her giving him her oral sex and vice-versa? Yes, this would be considered "Statutory Rape" in Texas and a "Sexual Offense". What you've described in your question could be considered a felony violation under Texas law and considering the age difference between them is more than three (3) years, the "affirmative defense" claus within this law would not apply to the 22 year old if charged for a sexual offense under Texas penal code Section 21.11 Indecency With a Child. "Sexual contact" with a child younger than 17 years of age is illegal in the state of Texas. Touching a child in a sexual manner, even with the cloths on, could be considered a violation of this law. Please read the law below carefully to clarify this fact especially the highlighted areas of section (c). Texas Penal (Criminal) Code Sec. 21.11. "Indecency With A Child"(a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person: (1) engages in sexual contact with the child or causes the child to engage in sexual contact; or (2) with intent to arouse or gratify the sexual desire of any person: (A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or (B) causes the child to expose the child's anus or any part of the child's genitals. (b) It is an affirmative defense to prosecution under this section that the actor: (1) was not more than three years older than the victim and of the opposite sex; (2) did not use duress, force, or a threat against the victim at the time of the offense; and (3) at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. (c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or (2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person. (d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001. Source: Texas Legislature website To all the parents and kids who get mixed up with their selfs engaging in sexual things with guys older u were probably the one who wanted and got it y would u wna put a mannin jail for what u wanted at the time ten years is crazy to ruin someones life what if it is one day ur son that falls for a stupid young girl who acts like she's 20 when she's not and ur son goes to prison and his life is ruined BC of that girls stupid actions u prolly lied about ur age in the first place so really B4 u put someones life to prison think first I think the law is a stupid thing especially that close in age unless u were raped against ur will if u wanted to have sex with that person then dnt put someone in jail u oened ur legs ! i keep seeing this 3 year rule... my son,16, who has never been in trouble..EVER... is sneeking out and now running away to be with a 14 year old. her parents have contacted us, they have been forbidden to see each other. i just found out they lied and were together tonight. her mother, who is a social service worker, wants me to take him to a mental institution!!!!! this a a classic case of romeo and juliet. my question is.... can her parents send my child to jail, will they be able to get a rape conviction against him??? a sex offender for the rest of his life because he fell in love with a classmate is absurd to me. don't get me wrong, i don't want him having sex,,,,, but he is 16! can he go to jail if something does happen with this 14 year old girl...who, by the way, has sent him provacative texts....what are the legal rules Shes17 and im 19 in texas. If we hapend to have sex is it statutory rape? Can I go ot jail? I just found out yesterday that my 15 year old daughter had was she calls consensual sex with a boy we forbade her see; he is now 19 (he was 18 when it happened) here in Texas. He is 3 years 3 months older than she is. The police took a report, and told me to expect an investigator so I can file charges. Will I be able to prosecute this individual according to Texas state law, or will he fall through some loophole? Yes, you can file charges since he was an adult at the time of the offense. He would be required to register as a sex offender. Okay. So a friend of mine has been involved, not sexually, with a person from TX. The other persons parents read their text messages and claims that they have notified the police. My friend says that the other person is a minor, and that they wanted pictures which they did not get, according to him, yet nevertheless my friend enjoyed talking to that person. He is 20, and the other person is believed to be 16, and is the one that approached my friend. Has he broken any laws by communicating with the other person?? I have a niece who is 16 years old, (will be 17 in couple of weeks) we live in Texas, she has been seeing a 24 year old man and engaging in sexual intercouse. She even admitted that last december she was pregenant by him and lost the baby. Can we still press charges against him even though she is almost 17? she has been seeing him for over a year. Yes. You can still press charges but they're less likely to do anything about it b/c she's so close to 17. Despite that, a crime absolutely DID occur. A 23 year old man can not have sex with a 15 year old girl. It is without a doubt, sexual assault of a child. No she is of age to consent. The law is tricky. Actually your daughter can file a petition to remove you as her guardian if she likes. it depends on a judge. I know someone that just turned 17 he had sex with a a girl that just turned 14 I think in October 2009. Can he be charged with Statutory Rape? As long as they're no more than three years apart, the youngest being no younger than 14 and the oldest being no older than 17, then it wouldn't be considered statutory rape in Texas. According to http://www.criminalattorney.com/blog/statutory-rape/ "In Texas, for instance, the age of consent is 17 and the minimum age of child is 14 with an age differential of 3 years; thus, individuals who are at least 14 years of age can legally engage in sexual activities if the defendant is less than 3 years older than the accuser (Texas Penal Code 22.011(a)(2))." Of course. Can a 14 year old sign up at dating sites? No... then how come they think it's ok to have sex? Just can't figure that out! Lets say te couple was just dating no sex or anything like that? Is that illegal? My friend is 20 years old and his girlfriend or should i say fiance is 15 years old they are engaged and plan on getting married can they get in trouble for having sex if they are engaged and the girls parents are ok with them getting married and know that they are having safe sex ? Is it still considered Statutory Rape. Lets say that the couple from the original question were to get married? And when she is older than 18 it just happens that what they did comes to light. Is he still liable in any way? Ok Im 18 and im dating a 15 year old, but he is turning 16 in February. So it would be 2 years and 3 months difference. But his sister wants to send me to Jail for doing absolutely nothing to this boy, besides kissing and holding hands. AND HIS PARENTS APPROVE!! just sayin! would this be considered or not? im confused! I MARRIED A 13YR OLD IN MEXICO WHEN I WAS 19. MY WIFE GOT PREGNANT AND I DECIDED TO HAVE HER DELIVER IN MY COUNTRY, SO WE MOVED TO TEXAS SHE HAD THE BABY WHICH IS NOW 4YRS OLD. CAN I BE CHARGED WITH STATUTORY RAPE?... It’s possible there could be legal issues. First big question: Was the marriage performed in Mexico a Civil Marriage and were the rules of law in Mexico followed with regard to your US civilian status? If no, your marriage may not be considered "legal" in the USA or Mexico. If yes, it may still be wise to seek out an Attorney in Texas who specializes in Marriage law and ask a few questions. It might cost you a small fee but it will probably be worth the peace of mind. The Fine Print Americans marrying Mexican Nationals (citizens) in Mexico:In addition to the documents listed below, there are other requirements that must be fulfilled by US citizens who are marrying Mexican Nationals. Mexico Marriage Laws and Age of Consent:People under the age of 18 may not get married in Mexico without parental consent. With parental consent:, boys have to be at least 16 and girls need to be at least 14 years of age. You do not have to be a resident of Mexico to be married there; however, Americans who want to get married in Mexico must present specific documents to the appropriate Civil Registry in Mexico and they must be translated into Spanish. A valid US passport is required and all other documents required by Mexico coming out of the United States must be authenticated by the American authority in the US state they originated. Generally the authenticating authority would be the “Secretary of State”. Once legalized by the originating authority, these documents must then be notarized by the closest Mexican Consulate. Mexico Marriage Documents include:
A marriage In Mexico must be a “Civil Marriage” for legal purposes. Many people have religious ceremony marriages but if a marriage is not performed by the Civil Registry in the local municipality it may not be considered a “legal” Civil Marriage. For more information go to Consular Section of Embassy of Mexico Post new comment
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I am a 16 year old female and turning 17 in June. I want to date a boy who is a year younger than me. Can I still date him, but not do anything sexual with Him? Only just kissing.