The age of consent in the state of Texas is 17. Under the laws in our state, if a person over the age of 17 (legally an adult) has sex with a person who is 16 or younger, the adult can be charged with statutory rape, unless the adult is not more than three years older than the child.
By establishing an age of consent, the law is clear that anyone who is younger than 17 is unable to give consent. Therefore, even if the minor agrees to have sex with the adult, this is not a viable defense unless the adult is within three years of age of the child. This is commonly called statutory rape.
On the other hand, if the adult in the case was less than three years older than the minor, the defense may be able to build upon that, especially if the two parties were in a dating relationship at the time of the alleged sexual encounter.
Statutory rape is a second degree felony, punishable by 2 to 20 years in the state penitentiary. If you are convicted of this charge you will be required to register as a sex offender for the rest of your life.
If you or a loved one has been charged with having sex with a minor, it is extremely important that you contact an experienced sex crimes defense attorney immediately to begin building your defense. Call The Law Offices of Ned Barnett today to schedule a no cost, no-obligation review of your case.
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