Can a 18 year old have sex with a 16 year old in Texas?

Asked about 2 years ago - Houston, TX

i am 18, my girlfriend is 16. can we have sex? me and her parents have discussed this already and they have no problems with it at all...i am just wondering if it is illegal and if i could go to jail or anything like that.

Attorney answers (1)

  1. David N. Smith

    Contributor Level 14

    Answered . Section 22.011 of the Texas Penal Code makes it a second degree felony (2 to 20 years + a possible $10,000 fine) to have virtually any kind of sexual contact with a person legally defined as a child ("a person younger than 17 years of age." TPC Sec. 22.011(c)(1). It is an affirmative defense that "the actor was not more than three years older than the victim" and was not a sex offender at the time of the offense, but having an "affirmative defense" means that you are allowed to present that information at a trial, and you do not want to be in a position of having to do that. Tread carefully. Neither the girl nor her parents can give you "permission" to violate the law, so if someone gets angry with you two or three years from now, you could be in a heap of trouble.

    This answer is intended to be taken as general information and not as specific legal advice. You should always... more

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