Legal Question in Family Law in Texas

I don't advise it. The 18 year old is an adult & the 16 year old is a child under Texas laws. I assume you want to know if you will be prosecuted - I don't know if the policing agency in your area would prosecute -- but it's an expensive risk.

Ms. Brochstein is correct. The longer answer is that it is illegal to have sex with anyone under the age of 17. It is a DEFENSE to prosecution that the minor was within 3 years of your age. That means, literally, that you could be arrested, held in jail until bond is posted or you go to trial, and your lawyer proves the defense of the 3 year age difference. So if you have about $30,000 to spend, and are willing to take the risk that you are found not guilty, go ahead.