Wednesday August 20, 2014
Is this considered statutory rape in 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
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