How long until parents can no longer press charges

State: Texas

Question:

In the state of Texas, it is illegal for a 15 year old girl and an 18 year old boy (3 years and 4 days apart) to have sex. The parents threatened to press charges unless he moves out of the state and will press charges if he comes back. It has been a year and a half and he wants to come back home and continue college. He does not want contact with the girl anymore, just to come home. How long is it in the state of Texas before the parents of the girl can no longer press charges and the boy can come back home without the fear of being charged with statutory rape (which in Texas I believe is considered sexual assault)? I have been told ten years and I have been told two years. And I'm not sure if they have DNA evidence or if just her testimony would be enough evidence to charge him.

Answer:

Generally, the statute of limitations is 3 years after the commission of the offense; however, the statute of limitations for certain offenses against a minor can be as long as a period of 10 years after the victim reaches the age of 18. These offenses include:

Chapter 21.11. Indecency with a child
Chapter 22.011. Sexual assault of a child - intentional or knowing
Chapter 22.021 Aggravated sexual assault of a child - intentional or knowing .

The above listed are "Felony" violations. Unless or until a specific violation has been identified, it will be difficult to apply the correct statute of limitations law. If he were to be charged with a misdemeanor, the statute of limitations may have already run out.

There are several questions that come up with this:

At the time of the alleged violation did the parents file a complaint with authorities against the 18 year old?
Are there any restraining orders in place?
Is there a warrant or an investigation pending?
Was this all pre-arranged without intervention from autorities?

This seems like a fairly sensitive situation. If this agreement was arranged by the parents without the benefit of legal intervention, it would be wise for the 18 year old to obtain legal counsel from a Texas attorney on the matter. The parents may not have legal grounds to use the leverage of a "threat of criminal prosectution" to deter him from returning to his home State of Texas. As a matter of self preservation, the benefits vs risk of returning should be discussed confidentially and in great detail with a Texas Attorney.