Legal Question in Criminal Law in Texas

Texas Age of Consent Laws

What are the rules regarding sexual teen relationships in Texas? I've tried researching the statutes but the only clearly defined thing is the fact that 17 is the age for consent as an adult, but what are the exceptions for teens that are say: 16 and 17, 16 and 16, or 16 and 18? I know there's a section regarding a 3 year age gap and it states that there's an affirmative defense for such cases, but it's all relatively confusing, so can someone please clarify? Thanks.


Asked on 2/25/08, 10:30 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Texas Age of Consent Laws

You are right, 17 is the age of consent. Between the ages of 14 and 17, if the sexual partner is less than 3 years older than the child, then that is an affirmative defense to criminal charges. An affirmative defense means that the burden is on the defendant to establish and prove the existences of the defense i.e. - the prosecutor does not have to prove the defendant is more than 3 years older than the 'victim'.

The best way to stay out of jail is not have sex with someone under 17 years of age.

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Answered on 2/26/08, 7:57 am


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