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
http://www.statutes.legis.state.tx.us/
Texas Statutes - Penal Code
Title 5 Offenses Against The Person
Chapter 21 Sexual Offenses


Submitted by Anonymous (not verified) on Fri, 11/13/2009 - 20:59.

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?...

Submitted by dunsailn on Sat, 11/14/2009 - 09:47.

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
Disclaimer: Information provided here is based on our research. We are not attorneys. All information provided is for informational purposes only. For true legal status you must consult with a licensed attorney who specializes in Mexico law/marriages.

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.
The American must purchase a permit (fee varies in Mexico jurisdictions) called “Permiso para contraer matrimonio con un nacional" from the Ministry of the Interior, or "Instituto Nacional de Migración Secretaria de Gobernacion" within the jurisdiction of where the Civil ceremony will be performed. The time it takes to be granted permission can vary a lot. Sometimes days, sometimes weeks.

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:

  • Marriage Application forms: From a local registry office in Mexico
  • Passport: (bride and groom)
  • Travel Permits: Tourist permit from the port of entry, or other resident permit (visa, FM2, FM3)
  • Birth certificates: Certified and translated by an approved translator.
  • Divorce Papers / Death Certificate: (if applicable) when either bride or groom were previously married.
  • Blood Test results: Written results must be in Spanish and must be done in Mexico within a certain timeframe of the application of marriage.
  • Chest XRAY: Required in some states in Mexico – check locally.
  • 2-4 witnesses are required

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

Consular Section of Embassy of Mexico - Marriage in Mexico

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