Legal Question in Criminal Law in Texas

Texas Age of Consent Law

Hello. I am 19 years old, and have been dating the same girl since when I was 18. My girlfriend was 16 when I started dating her, so we are under three years of age difference between us. We have not been sexually active, however her mother is threatening to press charges against me. I am aware the age of consent in my state is 17, but there is a affirmative defense that allows a three year difference for those under 17, as long as they are 14 or older. My question is: Even with the affirmative defense, will police still be able to arrest me until I prove our age difference or will they even take the case? I have been told before by a police officer the three year rule is optional and a DA can still prosecute, but I think that may of been false information.


Asked on 9/21/09, 4:43 am

2 Answers from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

I have never seen someone get arrested and charged for that when they know the age difference is less than 3 years and everything was consensual.

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Answered on 9/26/09, 8:38 am
Keith Engelke Law Office of S. Keith Engelke

I believe the age difference is 2 years, not 3. The age difference applies to statutory rape. If there is no consent, there is a crime. My experience is that stories can change when angry parents get involved. I suggest you wait until your girfriend reaches the age of consent. Or you could get married.

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Answered on 9/26/09, 4:16 pm


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