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.

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.

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.

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

Yes. Please see last post. Very similar question

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;

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.

In Texas this would fall under the statute: § 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: Depending on the circumstances of the type of sexual activity that occurred, this would be considered a felony of the 2nd or 3rd degree; However, it is an affirmative (positive) defense to prosecution under these laws that the actor (older party) was not more than three years older than the victim and of the opposite sex; did not use duress, force, or a threat against the victim at the time of the offense; and at the time of the offense was not required to register for life as a sex offender; or had a reportable conviction or adjudication for an offense under this section of this statute.

Because the female is over 14, and they are less than 3 years apart, there aren't any criminal consequences that can result from consentual sexual activity.

If there were any type of sexual contact between the two people at those ages, the male would be guilty of indecency with a child, a second degree felony. This carries a 2-20 year sentence, and up to a $10,000 fine, as well as mandatory registration as a sex offender upon release.