Age of Consent Texas

[TexanGerman]

Alright, let's say I live in Texas and am 18 years old born on August 2nd. Lets say I fall in love with a girl who is 15 and born about 2 weeks after me. By Texas law there can be a 3 year age difference but I am wondering if anyone here knows how literal this is? Does it have to be within 3 years by the day or can it be off a bit, as in my case where she is about 2 weeks more than three years younger? So right now we are pretty much 3 years apart but she's a bit younger than that so now I'm a bit worried if I could potentially have legal problems if I'm with her. So I'm wondering if you guys know some more about this, because Texas law is a little vague about the within three years thing. And if she is literally just 2 weeks off of 3 years younger does this mean that I can be charged?

 

[army judge]

Alright, let's say I live in Texas and am 18 years old born on August 2nd. Lets say I fall in love with a girl who is 15 and born about 2 weeks after me. By Texas law there can be a 3 year age difference but I am wondering if anyone here knows how literal this is? Does it have to be within 3 years by the day or can it be off a bit, as in my case where she is about 2 weeks more than three years younger? So right now we are pretty much 3 years apart but she's a bit younger than that so now I'm a bit worried if I could potentially have legal problems if I'm with her. So I'm wondering if you guys know some more about this, because Texas law is a little vague about the within three years thing. And if she is literally just 2 weeks off of 3 years younger does this mean that I can be charged?

A 15 year old is a child.
Children are unable to give consent to adults that wish to ravish them.

You should not get involved with this child.
Her parents could have you arrested and prosecuted.
It isn't worth the trouble.
If convicted, you will be required to register as a sexual offender for the rest of your life!

Texas Age of Consent Law

There is no section of the Texas Penal Code that defines "age of consent." Rather, you have to begin in the Sexual Assault Provisions of the Texas Penal Code.

§ 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

This begs the question- What is a child?

(c) In this section:
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.

Okay, performing any of the activities under (a)(2)(A)-(E) with anyone under 17 (and not your spouse) is illegal in Texas.

Doesn't that make many high school students felons?

No. Texas has a "Romeo and Juliet" affirmative defense for minors who are within 3 years of age.

(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and 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, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

So, to answer the question - the age of consent in Texas is 17.

An affirmative defense does not bar arrest and prosecution. It is an issue that the defense must raise at trial. However, I would recommend you consult with your attorney before choosing any course of conduct.

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 his spouse, whether the child is of the same or opposite sex, he:

(1) engages in sexual contact with the child; or
(2) exposes his anus or any part of his genitals,
knowing the child is present, with intent to arouse or gratify
the sexual desire of any person.
(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; and

(2) did not use duress, force, or a threat against the victim
at the time of the offense.

(c) 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.

Indecency with a Child (Section 21.11)
(EDITOR: This could easily be the "child molestation" statute).
A person commits indecency with a child if, with a child younger than 17 years and not his spouse, whether the child is of the same or opposite sex, he

engages in sexual contact with the child; or
exposes his anus or any part of his genitals, knowing the child is present, with intent to arouse
or gratify the sexual desire of any person.

Indecency with a child is a felony of the second degree, unless the actor was not more than three
years older than the victim was, of the opposite sex from the victim, and did not use force or a threat
of force against the victim during the offense. In that case, the offense is a felony of the third degree.

§ 21.01. Definitions

In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and
the mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person
with an object.
(2) "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.
(3) "Sexual intercourse" means any penetration of the female sex
organ by the male sex organ.

 

[mightymoose]

THe age difference has a lot to do with how sever the punishment is. More than three years age difference would likely make it a felony offense. Within three years may reduce it to a misdemeanor. Either way it is still criminal, and a conviction for a sex offense would mean you would have to register as a sex offender for the rest of your life.
It isn't worth it. Leave the kid alone.Stop looking for loopholes in the law and let her grow up without your interference.

 

[TexanGerman]

Alright thank you for your advice. First off, I am not trying to ravish anyone, I love this girl and I have never even had sex with anyone... so to think that I am trying to "ravish" her is not true at all... sure I admit that I would like to have sex with her but this is not all I am looking for and I am willing to abstain from it if this means that I can still be with her. It isn't my fault that I fell in love with this girl... I know that I should try to get someone else but I just hate the idea that I have to break up with her because of a slight age difference.

One last thing I would like to ask, if I don't have any sexual activity with her would I still be prosecutable? Plus, what is the case with that three year thing? That would just be something that I could try to potentially raise in my defense but it may not help me?

THe age difference has a lot to do with how sever the punishment is. More than three years age difference would likely make it a felony offense. Within three years may reduce it to a misdemeanor. Either way it is still criminal, and a conviction for a sex offense would mean you would have to register as a sex offender for the rest of your life.
It isn't worth it. Leave the kid alone.Stop looking for loopholes in the law and let her grow up without your interference.

Alright thanks... god I hate my life, finally I find a girl that I actually love and now I can't be with her because she's a little younger than me.

 

[army judge]

Alright thank you for your advice. First off, I am not trying to ravish anyone, I love this girl and I have never even had sex with anyone... so to think that I am trying to "ravish" her is not true at all... sure I admit that I would like to have sex with her but this is not all I am looking for and I am willing to abstain from it if this means that I can still be with her. It isn't my fault that I fell in love with this girl... I know that I should try to get someone else but I just hate the idea that I have to break up with her because of a slight age difference.

One last thing I would like to ask, if I don't have any sexual activity with her would I still be prosecutable? Plus, what is the case with that three year thing? That would just be something that I could try to potentially raise in my defense but it may not help me?


Alright thanks... god I hate my life, finally I find a girl that I actually love and now I can't be with her because she's a little younger than me.

It is up the child's parents.

I wouldn't let my 15 year old daughter see an 18 year old man!

Dude, this is TEXAS.

Some TEXAS parents might make you really hate your life.

Leave the kid alone.

It will bring you more heartache than you could ever believe.

You have been warned.

Keep insisting on this, and you'll be back on here asking how to get out of a felony indictment for sexual abuse of a minor!!!

 

[TexanGerman]

It is up the child's parents.

I wouldn't let my 15 year old daughter see an 18 year old man!

Dude, this is TEXAS.

Some TEXAS parents might make you really hate your life.

Leave the kid alone.

It will bring you more heartache than you could ever believe.

You have been warned.

Keep insisting on this, and you'll be back on here asking how to get out of a felony indictment for sexual abuse of a minor!!!

Alright thank you, I think what I will do is meet her parents, if they say that I can't be with her then I will have to accept their wishes as much as it pains me. Anyway thank you very much for your advice on this matter... I hope I can show her parents that I am not a bad guy at all, like I said I never have had sex and I don't do anything illegal and I get relatively good grades in school.

Plus why would I get a felony indictment for sexual abuse if I don't do anything sexual with her? I mean I waited 18 years I can wait another year and a half if I really have to...

 

[jacksgal]

Your trying to convince us that an 18 year old man will not pursue some sort of sexual contact with a female hes in a romantic relationship with!? I am sorry I am not buying this. It might be your intent but I dont see it remainning that way. Its not worth your future just drop it

 

[TexanGerman]

Your trying to convince us that an 18 year old man will not pursue some sort of sexual contact with a female hes in a romantic relationship with!? I am sorry I am not buying this. It might be your intent but I dont see it remainning that way. Its not worth your future just drop it

Actually I have plenty of friends who are 18 who have never had sex and have been in very long relationships, so... I really don't see why every single 18 year old male is seen as some sort of sexual deviant, I think that is a very silly belief. Sure I will admit that I would like to have sex with the person I love but I am capable of waiting and controlling myself, as you guys said I am a man after all, i'm not a child, I do have self control.

But anyway, I have thought about it all and I have decided to take the safe way and break up with her, thanks you guys for your help on this matter... it really is too bad that the age of consent isn't 16 in Texas though I would just wait 5 months then, oh well...

 

[jacksgal]

A a parent of teens any adult who wants to date my children is a deviant! Regardless I am not buying that you know all these adults who date minors and dont engage in sexual activties!

 

[TexanGerman]

A a parent of teens any adult who wants to date my children is a deviant! Regardless I am not buying that you know all these adults who date minors and dont engage in sexual activties!

Well I would hardly see myself as an adult. I mean legally perhaps I am more or less but hell I am not even allowed to drink alcohol for christ's sake... what kind of man is not allowed to have a drink with some friends? Besides, I think you are just being way too overprotective. You would be surprised how many teens there are who are actually very nice, granted most are pretty bad but there are a good amount who do not engage in sexual activities (with minors or other 17-18 year olds).

 

[mightymoose]

If her parents support your relationship with her then they could potentially put themself in a predicament. Don't expect them to be supportive.
The best thing you can do for this girl is leave her alone.

 

[FlaRiptide]

TexanGerman,

Learn from my experience:

I met my future wife when she was only 14 and I more than 3 years older. Her parents adored me. She never dated anyone else and we married when she became 19. We had a fairly long and good marriage till she finally filed for divorce. She had never had the time to mature as a "normal" child does. After all those years she realized she felt unfulfilled and wanted to branch out on her own. I attribute this to having robbed the "cradle". As Army judge said above, 15 is still a child and this is their formative years. What happens to them in these early years can and does significantly affect their later years. Give her room and let her breathe on her own.