Originally posted by Chili
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This is a few years old but...
Texas Age of Consent Law
May 17, 2008 Posted In: Texas Laws
By Robert Guest on May 17, 2008 6:31 PM | Permalink | Comments (28)
A reader asked me what the age of consent is in Texas. Great question. Let me begin by stating there is no section of the Texas Penal Code that defines "age of consent." Rather, you have to begin in the Sexual Assault Provisions of the TPC.ยง 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.This begs the question- What is a child?
(c) In this section:Ok. So performing any of the acitivties under (a)(2)(A)-(E) with anyone under 17 (and not your spouse) is illegal in Texas. Doesn't that make many high school students felons? No. Texas has a "Romeo and Juliet" affirmative defense for minors who are within 3 years of age.
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.So, to answer- the age of consent in Texas is 17. An affirmative defense does not bar arrest and prosecution. It is an issue that the defense must raise at trial. However, I would recommend you consult with your attorney before choosing any course of conduct.
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You ain't gotsta lie, Craig! You ain't gotsta lie!
Back to bashing the meathead!
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I believe Luis posted the penal code, stating what I said above. 17 is ok as long as you're not older than 20. But if she is 17, and you are 25, it's prison time.Originally posted by Chili View PostThat's not how I understood the law to read.. My understanding is that 17 is legal age even if you are 80. Under 17 is where the 3 year thing comes into play. Am I wrong?
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Originally posted by lo3oz View PostPretty sure that's curry you smell, homeboi
I had Indian food for lunch yesterday, and it was the fucking BOMB!
Not when you are more than 3 yrs older than said 17 yr old.Originally posted by Rick Modena View PostNow how was I supposed to know that. And 17 is legal in Texas, no?
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Now how was I supposed to know that. And 17 is legal in Texas, no?Originally posted by Cooter View Postlook who's asking for pics of the 17yr old... shocking
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