Age of Consent Questions for Texas

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Texas. Ask your Question

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16 year boy and 17 year girl

:: June 30, 2007 17:28

Ok, I know that in Texas 17 is the age of consent, but what if it is with a 16 year old? I am 17 and my boyfriend is 16, but he will be 17 before I am 18. His mom doesn't like me and I am worried that she may try and get the law envolved so I want to be sure I am not breaking any laws, I love my boyfriend.

If he is 16 years of age, he is not at the legal age of consent which would put you at risk of a violation.

German Sex Laws

:: May 16, 2007 18:28

I want to know what the German "Age Of Consents" are? thank you for listening.

Our focus is primarily on the laws in the United States. For information on an international scale, here's a link to the "Worldwide Age of consent" page at www.avert.org.

17year old girl and a 24 year old man.

:: May 10, 2007 15:18

can a 17 year old girl date a 24 year old man? she has her parents consent. and she will be 18 on May 22nd. will they convict him of statutory rape?

Dating is not illegal; in some situations parental consent is required. The legal age of consent to have sexual intercourse in Texas is 17. § 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 24 year old would not be found in violation of 21.11 if he were involved in a sexual relationship with a 17 year old. If a 24 year old is involved sexually with an individual under the age of 17, this would be a violation of the law and he could be charged and convicted. This crime may be prosecuted up to 10 years after the 18th birthday of the victim.

Texas Statutory Rape??

:: May 01, 2007 12:26

My friend had sex with a 14 year old boy. She was 17. However, he had lied to her and said he was 17. Well, she got pregnant by him and when she told him she was pregnant, he then told her the truth about his age. He just turned 15 and she just turned 18. They are no longer having sex because obviously now it would be illegal, or considered statutory rape, correct? My question is, can her parents or him press charges on her? Because when everything happened, he was 14 and she was 17 and that's when she got pregnant as well. Please let me know ASAP.

If a parent reported this to authorities, the district attorney's office may order an investigation. If the 17 year old was not more than 3 years older than the 14 year old, it is written into the law that this would be considered an affirmative defense; meaning, the district attorney may determine that their closeness in age does not call for criminal prosecution. This is a determination only the district attorney can make. We really can not speculate on which way a district attorney might decide to go. Once a complaint is filed with police, it is the District Attorney's sworn duty to investigate and make a determination as to whether state laws were violated. Any charges that are filed would be filed by the District Attorney who represents the people of the State of Texas. The parent or guardian who originally filed the complaint with police, have little to no control over how the District Attorney conducts the investigations or whether charges are filed. This is Texas Penal 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.

statutory rape

:: November 19, 2006 23:25

If a 15 year old, born in April, has sex with an 18 year old, born in january, will any charges be pressed?

A complaint can be filed regardless of the age difference. He is an adult, she is a minor under the age of 17. The DA's office may investigate and make the determination as to whether the State of Texas will prosecute. Under 21.11 INDECENCY WITH A CHILD: It is only an affirmative defense if the actor was not more than three years older at the time of the offense. Given the closeness in age, I would leave this determination up to the DA.

25 and 16 with parental consent

:: November 19, 2006 21:58

If a 25 male is with and having sexual intercourse with a 16 year old female, but they both have parental consent, can charges be fialed on him from anyone other then the parents of the 16 year old female?

The crime of "Indecency with a child" under 21.11 of Texas penal code says that a person commits this offense if they engage in sexual contact with a child younger than 17 years of age, or cause the child to engage in sexual contact where the child is not the spouse of the person/adult; or whether the child is the same or opposite sex. The prosecutor would allow an affirmative defense under the law when the adult is not more than 3 years older than the victim of the opposite sex. This crime, depending on the circumstances and the age difference, is a second or third degree felony in Texas. Parental consent does not negate the law. Parental consent may have no impact. If the situation were reported to the authorities by any person with knowledge of the relationship, or if any person filed a report with the DA's office, it is plausible the DA's office would investigate and file the charges against the 25 year old. The parents do not have to be the ones filing the complaint nor is their involvement required. This is a matter of the State VS the 25 year old. There need not even be sexual intercourse. "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

Pregnant 16 yr old & 19 yr old boyfriend

:: October 18, 2006 19:36

My daughter turned 16 on 8/3 and her boyfriend turned 19 on 9/13, she is 6 weeks (possibly more) pregnant. Is this "statutory rape" & do I have any legal recourse?

Thank you for your generous contribution. Your response has been sent via private email.

In TX.

:: October 17, 2006 16:29

If a guy is 20 years old, and a girl is one month away from being 17. And they have sex and a child is conceived from it. Is that illegal?

Yes. Please see last post. Very similar question

16 and 19 Consensual... Legal?

:: October 17, 2006 16:26

She was 16, born Oct., I was 19, born Nov. So, 2 years and 11 months apart, would it be legal or not?

According to the law below, you would be violating 21.11 "Indecency with a child" if she is under 17 years of age. The fact that you are less than three years apart would only be an affirmative defense if she were of legal age to consent. § 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;

lesbians

:: October 03, 2006 22:14

can parents call statutory rape with a 16 year old girl with a 17 year old girl

Yes its possible; however, in Texas it would be called "Indecency with a child." If she is sixteen, she is not at an age of consent, this makes sexual contact or intercourse illegal. She is still a minor and her parents are liable and responsible for her actions. § 21.11. INDECENCY WITH A CHILD. 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 (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.

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