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Friday May 16, 2008
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Age of Consent Questions for TexasQ&A on statutory rape laws, age of consent laws, sexual assault laws for Texas. Ask your Question Page 1 of 3 | Next >> 17 year old and 21 year old:: April 21, 2008 16:24My daughter has became fond of a 21 year old that was introduced by a friend at school. I do not think they are sexualy active yet but if they were what would my course of actions be? I have told them I do not condone this and really wish he would go and date someone his own age instead of hanging around the girls softball team. Thanks. A person age 17 may legally consent to sexual activity. At the age of 17, a person can no longer be a victim of statutory rape. In Texas, the statutory rape law is titled 21.11 Indecency with a minor. If a 17 year old moves out of the parent’s home without permission, (i.e. runs away) this is considered a civil infraction and not a criminal offense. Police will not intervene to retrieve the minor and return them to the custody of the parent unless or until a requisition motion is filed in court by the parent to have the minor returned home to their custody. When a requisition motion becomes a court order, the authorities must carry out the order to pick up the minor and return the minor to the custody of the parents. The parent is legally and financially responsible for the minor until the age of 18. The other option would be to terminate parental rights, which releases the parent from legal liability. A minor can petition the court to emancipate under Chapter 13 of the Family Code. This is called “Removal of Disability of a Minor”. The minor must prove to the court that they are self sustained and not reliant on the parents for any assistance financial or otherwise. Curious! Parents can still file report after I turn 18?:: April 20, 2008 22:45I'm an 18 yr old and just recently started dating a 30 yr old that i've known since i was 13. we met through our love for music & worked with eachother for 3 yrs. him being the producer/manager & my sister and i being singers. We've always talked on the phone, spent time together workin & just really clicked with eachother. but due 2 the age difference never said or did anything of it until just recently. well my mom has always had a problem with how close i was with him & now that she found out im actually seein him shes sayin that shes gunna go to the cops & have him arrested for statutory rape because she thinks it has been goin on this whole time because we've always communicated on the phone just abt every night for hours. so as proof shes gettin my phone records. so i was just wondering if she would be able to press statutory rape charges on him now? This is a tough question. A lot would depend on how compelling your Mom's information is to the police and the District attorney (DA). The age difference is a red flag. Your Mom can't press criminal charges against him. She can only file a police report, or complaint naming him as the party to a crime against her minor child; the police will either open an investigation, or they will drop it. If they do a preliminary investigation and find compelling evidence, the District Attorney may open a case. In Texas, the statutory rape law is called "Indecency with a child" and it falls under the special statute of limitations laws (below) for sexual offenses. "The statute of limitations for certain offenses against minors is a period of 10 years after the victim reaches age 18. If the 30 year old has never had any arrests or allegations of this kind against him and the phone calls and other activities can be explained under his manager/agent status as part of the professional working relationship, he probably won't have anything to worry about. If police ever want to question him, it would be in his best interest to have an attorney present. Your Mom has the right as the parent to make her suspicions known and file a report with police if she believes a crime was committed against her minor child. The statute of limitations for certain offenses against a minor is a period within 10 years after the victim reaches age 18. The offenses included are:
can i have sex ?:: April 18, 2008 05:35I'am 18 and my girlfriend is 16 can we legally have sex? No If you are 18 years of age, you can not legally have sex with someone 16 years of age. In Texas, the age a person can no longer be a victim of statutory rape is 17. A person under the age of 17 is not legally capable of consenting to sexual contact. Help My Sister:: March 16, 2008 09:15My sister who is only 14 yrs old went to live with her boyfriend who is 21. I went to talked with them and she said she would not come back home. I told him that my parents would press charges on him but he said that the law will do nothing except lock him up for 2 days. The thing is if my parents press charges we dont want my sister to go back with him when he gets out Is there a way we can stop that from happening? What will happen if we do press charges? Yes. Your parents can legally assert their parental rights and the 21 year old has absolutely no legal ground to stand on. Below are some very general steps. Your parents will have to adapt these to your local procedures as the actual forms and procedures vary from county to county. They will need to ask some questions and be assertive. 1. File a Police Report: Go to the police "in person" and file a report against the 21 year old. 2. Order of Requisition: In order for enforcement to pick up the 14 year old and bring her back to your parents custody, the parents must first file a request and receive an "order of requisition" from the court to have the minor returned to their custody or to the custody of juvenile authorities. When a child leaves voluntarily, they are not considered a missing child as long as someone knows their wereabouts. 3. Order of protection Ask the court clerk, police, or an attorney for the papers and prodedure to petition the court for an order of protection for the minor. This is also known as a restraining order. When an order of protection is granted, no contact can be made legally between them. If contact is made by either person, no matter who initiates it, the 21 year old will be subject to arrest, a court appearence, and jail time. Any person(s) who aids a minor in such circumstances such as allowing them to live in their home, renting them a room, assisting in transportation, etc. can be held criminally and civilly responsible for contributing to the delinquency of said minor. (TS/TFC Title 2) The 21 year old may be surprised to learn that he can go to jail for quite awhile on these charges. Especially if he is a repeat offender. He is potentially violating several laws based on your description. A child younger than age 17: Is not legally capable of giving consent to sexual contact. Is not legally capable of living outside a parents control or custody without their consent or a court order. The 21 year old may be found in violation of the following. (2 are felony offenses).
§ 25.04. ENTICING A CHILD.(a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child. (b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.§ 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:
§ 25.06. HARBORING RUNAWAY CHILD.(a) A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:
§ 151.001. RIGHTS AND DUTIES OF PARENT.(a) A parent of a child has the following rights and duties:
Teacher Problem:: February 13, 2008 20:22What is a university's legal responsibility to a faculty member if a minor levels sexual assualt charges at the faculty? Legally, can the faculty member, who is under contract, be fired when no criminal charges have been filed? When all parties are at the accusation stage? This would fall under the guidelines of the hiring contract and the termination policies and practices of a university. They may be well within their right to terminate. To determine if a university is justified in terminating a faculty member, the hiring contract should be reviewed by an attorney, along with the documented reasons for termination and the school hiring policies and practices. There is no way to answer this question "generally" as these contracts and policies vary widely from school to school. Confused about the law:: January 15, 2008 17:49My friend has sex with a girl when he was 17 and she was 15. She is pregnant, and threatens him she will throw him in jail if he dose not be with her. He is now 18. So my question is does age count the time of the crime or now? And is it aganist the law if they are 2 years apart? The age of consent in Texas is 17. A prosecutor will look at the ages at the time the act occured, not the ages now. The 17 year old was at the legal age to consent to sexual contact, but the 15 year old was not. The law states that it is an "affirmative defense" to prosecution if the actor (the 17 year old) was not more than 3 years older, and is the opposite sex, and there was no duress or force used. If he is charged for this violation, it would be in his best interests to speak to his attorney about this affirmative defense. (See the laws below, highlighted portion) There are other issues here that are going to show up soon and will require some legal expertise. Establishing paternity, custody and child support to name a few. He has certain rights and responsibilities as the father and should seek legal advice on these matters. They can become quite complex and very messy if the correct steps aren't taken in the beginning. Information On Establishing Paternity From the Texas Attorney General Texas Penal Code Title 5 § 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.2 friends:: January 13, 2008 17:43I am 26, and my friend has just turned 17. we grew up together and she has been wanting to date and more, but i wasnt sure if that would be illegal. the reason i ask is her mother all of the sudden has a problem with the idea of us being more than friends. i didnt no if she could do anything legally. my friend doesnt even live with her parents she lives on her own. In Texas, a person can no longer be a victim of statutory rape upon turning 17 years of age (Texas Penal code 21.11 Indecency with a child); however, the age of majority in Texas is still 18, so legally she is still a minor under her parents authority. Given her independent living situation and depending on whether she is truly self supported or receiving financial assistance from her parents, she can petition the court for status as an adult. This is not something suitable for all teens, but it can be an appropriate step for some. Something she will need to consider is her relationship with her parents. If the relationship is already strained, taking this type of action could strain it even further, as this can be a very sensitive issue for some parents. Under Texas law she is at the legal age to petition the court for "Removal of Disabilities of a minor" if she is self supporting and living apart from her parents. This essentially is a process that emancipates her from minor status and she is given legal rights and accountability as an adult. You will find the statute on this under the Texas Family code Title 2 Child in Relation to the Family - Chapter 31.001-31.007 How long until parents can no longer press charges:: December 08, 2007 22:42In 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. 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:
mad and confused:: November 03, 2007 23:46I'm 17 years of age right now and my boyfriend is 24! We have been together since I was 15 and he was 21! Well we have been sexually active since we were first together! When we first got together I lied to him and he found out how old I was! A week after we got together he met my Dad and my Dad told him my age! Both Him and my Mom allowed us to be together this whole time until recently! When both me and my boyfriend got into a car wreck an issue came up and now they think he hits me! Well now my Mom put a restraining order on him and now is threatening to put a statutory rape charge on him! Can she put rape charges on him even though she allowed us to be together for 2 years?Can she do anything to him if I move in with him when im 18?? No matter how angry you are with your parents, if a restraining order (court order) has been issued by a judge against your boyfriend, DO NOT VIOLATE IT. The fastest way for your boyfriend to end up in jail with charges against him is if the court order is violated. Most orders will prohibit telephone and electronic communication, DO NOT TEXT OR EMAIL HIM. A violation of the order gives the judge grounds to find your boyfriend in contempt and he will likely be incarcerated with a fine. Your boyfriend will have a specific amount of time (usually 30-60 days) to contest the restraining order. The order is in full effect during this time. When he is served, he receives instructions on what actions he can take. If he does not contest the order within the stated period of time, the order will stand until it expires or until it is terminated by the court. Parents are legally responsible for the health, safety, and welfare of their children until they turn 18 years of age. If a parent feels their child is in danger or has been put at risk by another individual, it is their legal right and obligation to take the necessary actions within the law to protect their child. It is not up to your parents to determine whether or not charges are filed against your boyfriend. Your parents ultimately have no control over this. Only a criminal prosecutor can determine if criminal charges will be filed against your boyfriend. Code of Criminal Procedure Chapter 12. Limitations Art. 12.01 FELONIES:The statute of limitations for certain offenses against a minor is a period within 10 years after the victim reaches age 18. The offenses included are: Indecency with a child Intentional or knowing sexual assault of a child Intentional or knowing aggravated assault of a child Generally, the statute of limitations for a felony is 3 years after commission of the offense.Code of Criminal Procedure Art. 12.02. [181] [229] [219] MISDEMEANORS.An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. Other laws:Texas Penal Code Title 5 § 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.Other lawsTexas Penal Code Title 6 Offenses Against the Family Section 25.04 Enticing a child Section 25.06 Harboring a runaway child Section 25.07 Violation of Protective Order or Magistrates orderStatute of Limitations Sexual Offenses in Texas:: August 21, 2007 15:53Is there a statute on statutory rape in the state of Texas? Criminal Prosecutions Citation: Crim. Proc. Code art. 12.01There is no statute of limitations for sexual assault where DNA evidence is collected and subjected to DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained. The statute of limitations for filing a criminal claim for certain offenses is 10 years after commission of the offense. The offenses included are:
Civil Actions Citation: Civ. Prac. & Rem. Code §§ 16.001; 16.0045The statute of limitations for certain offenses is a period within 5 years after commission of the offense. The offenses included are:
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Age of Consent is 17
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