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.
