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In Texas, If a 16 year old has sex with an 18 year old, what is it considered?

Houston, TX |

Is it considered statutory rape? Did they commit any kind of offense?

Attorney Answers 2


The age of consent in Texas is 17. Having sex with someone under 17 is a crime.

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In the State of Texas it is called "indecency with a child." However, it is an affirmative defense to prosecution for such crime if: the victim is 14 years or older, the sexual contact was consensual, the person is of the opposite sex, within three (3) years of the victim age, and not a sexual offender already. It is commonly known as the Romeo and Juliet exception. (see TX Penal Code 21.11(b).

Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.

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