Legal Question in Criminal Law in Texas
In Texas if a male age 17 has sex with a female age 14, but the male's birthday is one month sooner than the girls, can the affirmative defense of 3 years still be used? The law ,as written, does not specify that the "victim" must have a birthday that falls sooner than the males.
Example.
05/17/1993
06/17/1996
Asked on 7/07/10, 7:08 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
No. The law is clear as to 3 years. It is not 3 years and 1 day; or 3 years and one month. Prosecutors have been known to take these cases to trial successfully.
Answered on 7/12/10, 9:54 am
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