Legal Question in Criminal Law in Texas

This question is asked quite often.

There is nothing that prohibits "dating", but these days "dating" normally infers some sort of sexual contact (sexual touching, oral sex, etc.).

A person may not have sexual contact with a person younger than the age of 17 years old UNLESS:

1. Neither of the two people are married,

2. Any sexual contact is consensual,

3. The age difference between the two people is not greater than 36 months, and

4. The younger of the two people is at least 14 years old.

It sounds like the 16 year old and 18 year old are with in the appropriate age range.

BUT: Be warned that having sexual contact with a person younger than 17 is "playing with fire" and the elements given above only provide for an affirmative defense. Meaning it would be your burden to prove all of the elements.

Bottom line: It is safest to wait until the girl turns at least 17 before having sexual contact.

Finally, you may not take any sexual photos or sexual videos of a person younger than 18 years old, even if the they are for private use and consensual.

You should consult with a local lawyer. My answer is not legal advice and should not be relied upon.

I am an Austin DWI / DUI Criminal Defense Lawyer.

Good Luck!