Sex

Section 21.11 of the Penal code: "Indecency with a child", would make this act a felony.

However, there is an affirmative defense that can be raised:

(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
and of the opposite sex;
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) 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 had a
reportable conviction or adjudication for an offense under this
section.

If this person has been charged with a crime, seek out local criminal counsel. Each case is fact specific and will be reviewed by the local District Attorney's Office.

I hope this helps.

In Texas, a “child” is defined as anyone under the age of 17. It is Sexual Assault to have any sexual intercourse with a “child,” even if the child consents. In Texas a “child” is considered incapable of giving consent to have sex. While there is a defense for consensual sex between individuals not more than three years apart in age, the child must have been over 14 when the contact occurred. However, the real issue typically is whether there are any allegations that the sex was not consensual. These issues are extremely fact specific cases. I concur strongly that you get an experience criminal defense lawyer and discuss the issue immediately.

Sadly, yes. The Texas Penal Code criminalizes sexual conduct with a child under 17 years of age. By law, a child under 17 cannot consent to sexual contact. However, as long as the child is 14 or older, there is a possible affirmative defense which could be raised. For the defense to apply, there must be no more than 3 years age difference and the adult cannot be a registered sexual offender or have a reportable conviction or adjudication under the sex offender registration statutes.