Texas state law dating minors
In the United States, age of consent laws regarding sexual activity are made at the state level. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states , District of Columbia , and territories. Depending on the jurisdiction, the legal age of consent ranges from age 16 to age In some places, civil and criminal laws within the same state conflict with each other.
The Sexual Assault crime in Texas covers non-consensual sexual contact between any two people and certain consensual contact between adults and children. Sexual Assault covers all sexual activity, whether between two people in a relationship or two strangers. There is also a new offense called Sexual Coercion , effective September In addition, there are many Texas offenses that prohibit various kinds of sexual conduct between adults and minors.
Not every type of sexual conduct involving children is covered in the Sexual Assault law. Indecency with a Child , for instance, covers all sexual contact between minors under 17 and adults, not just contact involving genitals. Sexual Performance by a Child prohibits getting a child under 18 to participate in a sexual performance.
Learn about other sex crimes in Texas. The law was updated in with the passage of H. The next subsection of the Texas Sexual Assault law deals with what criminal attorneys call, in shorthand, Child Sexual Assault. You can be convicted of Child Sex Assault regardless of whether the person consented. 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. If you accuse a person of having sex with anyone under seventeen years of age, they can be charged with Sexual Assault of a Child. Sexual Assault of a Child covers various types of sexual activity, including penetration and simple contact, between a person and a child.
The person accused can be a child, too. However, the child accuser must be under seventeen years old at the time of the offense for the crime to be considered Sexual Assault of a Child. You can, therefore, be convicted of Child Sex Assault whether the child consented or did not consent. We will not analyze or explain the types of sexual activity covered by the statute because we feel that the statute does a good job of going into enough detail.
Look at the text of the statute above to see what types of contact and which types of penetration qualify. In Texas, the age of consent is seventeen years old for purposes of the Sexual Assault law 4 , but there are exceptions, and the age of consent is eighteen years old under the Sexual Performance by a Child law 5. There is a close-in-age exception to the Sexual Assault age of consent that allows a person to have sex with someone under seventeen as long as the older person is not more than three years older than the minor.
Consent is by far the most important aspect of any Sexual Assault case involving adults. It is the one factor that distinguishes legal sexual activity among adults from Sexual Assault. Generally speaking, consent means an agreement to engage in an activity. There are eleven situations in which Texas law says consent is lacking for the purposes of the Sexual Assault law.
Section Texas appellate courts regularly examine cases that hinge on legal issues related to consent. In Orgain v. State 8 , the Second District Court of Appeals outlined the necessary requirements for a consent defense. Here, the defendant believed he had received consent from his partner. In this case, Appellant Randall James Orgain appealed his conviction for Sexual Assault, for which he was sentenced to five years in prison. In a single issue, Appellant argued that the evidence was insufficient to prove that he knew that the complainant did not consent.
The facts of this case are as follows: Appellant and Jane were not dating, but were just good friends. Jane alleged that while he was there, Appellant put on a mask and sexually assaulted Jane, despite her protests and efforts to resist him. After Appellant left, Jane called a friend and told him what had happened. Jane drove herself to the hospital where a sexual assault nurse examined her.
The nurse testified at trial that the victim said she was on her bed when someone came in and told her there was a robbery. He ran into her room and told her to lay down on the bed and look out the window. The victim said she laid down and tried to see out, but could not. Then, when she turned over, she saw that he had a mask on.
She asked what he was doing, and he started kissing her all over. She said she tried to push him off of her, but he pulled her shirt up and bit her nipples. The victim said at this point she was yelling for him to stop, but he refused. The victim also said she kept trying to squeeze his head with her legs to get him off, but he would not stop and then he penetrated her with his penis in her vagina.
The defendant was convicted and on appeal he argued that the evidence was insufficient to prove that he knew that Jane had not consented. On appeal, the court held that the applicable law is that a sexual assault is without the consent of the other person if the actor compels the other person to submit or participate by the use of physical force or violence. One of the major ongoing debates in the sexual assault law field is with respect to the idea of affirmative consent. The movement to establish affirmative consent as the basis of consent laws has not been successful in Texas to date.
There was a bill filed in the 85th Legislature to establish affirmative consent, but it was ultimately unsuccessful. However, the affirmative consent movement won in in California, becoming the first state to adopt a stringent affirmative consent law. Since then, many other states have followed the trend. The policy explicitly states that each person is responsible to ensure that he or she has affirmative consent to engage in a sexual act.
California provides even more guidance by adding that lack of protest, lack of resistance, or silence does not constitute affirmative consent. Opponents to these reforms argue that affirmative consent will not eliminate sexual assault, and there are too many ambiguities in sexual situations. For example, it can be unclear when a person gives consent when under the influence of alcohol.
If someone affirmatively consents while intoxicated, does this count as consent? If someone who is not acting intoxicated gives consent, but it turns out that the person in fact intoxicated, does that change anything? Indecency with a Child is more closely related to what is commonly referred to as child molestation, as it does not require penetration or contact between sexual organs.
Learn more about Indecency with a Child here. Sexual Performance by a Child is a more unusual statutory rape-related law. It covers activity implied by the name — performances of a sexual nature — but also all other sexual contact as well. It is, therefore, duplicative of both Sexual Assault and Indecency with a Child, and this can lead to some odd results, especially considering the age of consent for Sexual Performance by a Child is eighteen years old. Learn more about Sexual Performance by a Child here.
All of these statutory rape laws are strict liability crimes, meaning that the intention of the parties is not considered. Consequently, mistake of age is usually not allowed as a defense. In Fleming v. The facts of this case are as follows. Appellant said he received a text message from a girl, K. When Appellant asked her age, she said that she was 22 years old. However, K. The two corresponded by text message and talked on the phone for a couple of weeks and then arranged to meet at the mall.
Both Appellant and K. Appellant testified in trial that K. After their second date, Appellant asked K. Appellant testified that K. Appellant said that he agreed and that they went to sleep once they got to the hotel. Appellant testified that when he woke up early the next morning, K. Later that year, K. Eventually, K. Appellant was cooperative during questioning by police officers and told the officers about the relationship. He told the officer that he did not know that K.
At trial, Appellant testified that he believed that K. He also testified that he had seen on her MySpace page, which was entered into evidence by the defense, that she was twenty years old. The MySpace page also had photos of K. She said she did not know if Appellant knew that she was under age when they dated and said she did not say one way or the other.
The State presented evidence that Appellant had previously dated a friend of K. The State said that K. More specifically, he argued that he had an objectively and subjectively reasonable belief that the alleged victim in this case was over the age of seventeen because of the statements both she and her friend made to him and the information on her MySpace profile. Appellant argued that Statutory Rape does not require a mens rea element, which is what makes a crime illegal.
Thus, it would be unconstitutional to enforce the statute without the mens rea element that is essential in every felony charge. Meaning, Section Appellant also claimed that in Lawrence v. Appellant argued that an ignorance-of-fact defense should be a valid defense when people, through no fault of their own, have been misled. The court concluded in its opinion that the Texas legislature clearly intended for age to be an aggravating element in certain offenses and does not intend for the State to be required to prove that the defendant knew the age of the victim.
If you have any questions about the legal the legal Age of Consent in Texas, please It is illegal for anyone to engage in sexual intercourse with a minor ( someone The age of consent varies by state, with most states, including Connecticut. But in all honestly do not get caught, do not go in public with a minor for any reason, and never think your above the law either. Texas is one of the strictest states.
The legal Age of Consent in Texas is Texas Penal Code states that once a person becomes 17 years of age they are capable to give consent for sexual activity with another person. Texas Penal Code Section Penal Code Section
There are a number of factors that determine if a person legally consents, from their age to whether they're incapacitated. Learn about consent in your state.
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Ages of consent in the United States
The Sexual Assault crime in Texas covers non-consensual sexual contact between any two people and certain consensual contact between adults and children. Sexual Assault covers all sexual activity, whether between two people in a relationship or two strangers. There is also a new offense called Sexual Coercion , effective September In addition, there are many Texas offenses that prohibit various kinds of sexual conduct between adults and minors. Not every type of sexual conduct involving children is covered in the Sexual Assault law.
Age of Consent in Texas
By Monica Steiner , Contributing Author. It is illegal for an adult someone 18 or older to have sex with a minor someone younger than 17 , even if the sex is consensual. Those who break the law have committed statutory rape classified as sexual assault in Texas. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. The age of consent, which is 17 in Texas, can vary by jurisdiction. And some states, including Texas, differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove force or violence, it is still rape. Of course, rape that does involve force or an assault is illegal in Texas and prosecuted as forcible rape. Laws and Penalties. In Texas, statutory rape includes sexual penetration and sexual contact between an adult and someone younger than
Statutory rape is a strict liability crime, meaning that the consent of the younger person or mistake about their age is not a defense.
The following was included in TCTA's Survival Guide , the ultimate reference tool for Texas educators, and is current as of September but is subject to change. The information below is for information purposes only, and is not intended to substitute for advice from an attorney.
Texas laws for minors dating adults
In Texas, the age of consent is 17 years old. The age of consent is gender neutral and applies the same to both heterosexual and homosexual conduct. Like many other states, Texas does not enforce harsh penalties for individuals who has sex with someone under 17 as long as that person is not more than 3 years older than the minor. However, unlike other states, there is a provision that specifically states that the close-in-age exception does not apply to people who are required to register for life as sex offenders. If you have sex with someone under 17 years old and are not married to him or her, you might be charged with indecency with a child, which is a second degree felony. If you have sex with someone younger than 14 years old then that can be considered aggravated sexual assault and is a felony in the first degree. Punishment for a second degree felony can range from 2 to 20 years, while punishment for a first degree felony can range from 5 years to life. Don't be added to a sexual predator list - find an experienced criminal defense attorney who will be able to advise you of your rights, help you with a defense, and advise you as to what options may be open to you. LegalMatch has numerous defense attorneys in major Texas cities such as Houston available now to assist you! Jessica Tam.
Statutory Rape: The Age of Consent
For instance, minors, in most cases , can seek court approval for a marriage license if Texas law permits individuals who have reached the age of majority, 18 , to get It is common for couples dating to travel to family gatherings in other states, He is a member of the College of the State Bar of Texas. From what I see on Texas law Bad idea it is not illegal to date. Embark on your Courting Journey! See the wonderful outcomes as work in direction of achieving your dating goals of finding the love of your life. On Sadie Hawkins Day historically noticed in early November or at a Sadie Hawkins Dance, girls have the opportunity to invert social conference by asking men out on a date or to a dance.
Texas state law dating minors Sexting and Minors
Any accusation of sexual conduct with a minor can leave you reeling. Allegations can ruin your career, hurt your family, and damage your friendships. If you have been charged with a sex crime with a minor, call Ned Barnett, an experienced Houston child sex crimes attorney , at to find out how you can protect yourself against such damaging allegations. This is commonly known as statutory rape. The specific charges depend on the acts between the parties. If the incident involved sexual contact, but not penetration or intercourse, with someone younger than 17, the charge may be indecency with a child. If there was force, coercion, or violence, the charge will likely be sexual assault.
Texas Statutory Rape Laws
The Texas Age of Consent is 17 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 16 or younger in Texas are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape. Texas statutory rape law is violated when a person has consensual sexual intercourse with an individual under age While there is no close in age exemption, defenses exist when the offender was no more than 3 years older then the victim and of the opposite sex. Texas does not have a close-in-age exemption.
.What Is The Age Of Consent?