Sorry, no, that isn't going to apply here. There has to be no more than a 3 year age difference, so if he was any older than 18, that wouldn't work.
Not sure exactly what you are talking about but there are two issues - one is a defense which is if the people are within 3 years of age of each other, then it is a defense to the prosecution. That does not apply.
The second is regarding sex offender registration. I believe, without doing research, that the two must be within 4 years of each other's age and I think that the offender cannot be older than 19.
Neither of these laws apply to your fiance's situation.
No, I believe the rule you're talking about wouldn't apply because there were more than 3 years of difference in their age group.
Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.
I agree with the attorneys. Ms. Henley's research is correct. SB 198 - 2011 amends Article 42.017 to require the judge to make an affirmative finding in the trial of indecency with a child or sexual assault, that at the time of the offense the defendant was not more than four years older than the victim and the victim was at least 15 years of age. If this were the case, then he could seek a hearing on an exemption from registration under Article 62.301 which was also amended. But, the Romeo and Juliet laws regarding de-registration apply to young adult sex offenders, ages 15 to 19.
My answer is for informational purposes.