Expert: Paul Edward Zukowski - 1/10/2007

Question
ok yes, but as i said, she's turning 16 in 4 months. all questions after i mentioned that i was asking you to assume that when she was 16.

so then again, i ask, WHEN she turns 16, would there be any problem with me hanging out with her?

as i said, i only care about being with her, not the sex. but i had to ask about the sex, because it seems sex = makeout, even if just kissing... so yeah i'm only trying to see if i can hang out with her without her parents abusing the law...

and the reason i asked if he could press charges for me hanging out with his daughter was, because it sounded completely irrelevant. i mean, do you know how many 18 year olds there's at her high school? if what you're saying is true (that the father of a minor can press charges against ANYONE over 18 for being near or talking or hanging out with his daughter without any other circumstances considered), then he could press charges against her teachers, a LOT of her classmates, or anyone who's over the age of 18?!?!

see i thought there had to be certain circumstancial requirements in order for him to press charges against me. such is why i THOUGHT, that me hanging out with his daughter would have no consequences, considering HIS daughter came to ME, as in i did not seek HER out.

well ok, thxs for your info man, but can u also give me any other sites that would help me do more research?

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The text above is a follow-up to ...

-----Question-----
hope you can identify and answer all my questions...

info: i'm 19, my girlfriend is 15. we're actually 3 and a half years apart only, cause i just turned 19, and she's turning 16 in 4 months.


ok, first thing is, i already read the  AOC laws for Texas on this site: http://moraloutrage.net/staticpages/index.php?page=Texas

ok now, it says there that in Texas the aoc is 17. it also says that you can not engage in any kind of sexual contact or actions with intent to arouse or gratify the sexual desire of the minor.

ok then, with just that information, it obviously means i can't have sexual contact with my girlfriend at THIS moment. but...

if we made out, would that count towards prosecution? (no touching genitals, breasts, or anus. mostly hugging, kissing and caressing)

would kissing specifically count too?


ok, moving on, here's a quote from the text law:
"(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"

ok then, next questions:

ok then, does this mean that when she turns 16 we will be able to engage in intercourse with NO legal consequences? (i mean like AT ALL, would there be ANY legal consequence AT ALL against me, IF her parents found out?)

IF they did somehow take me to court, would the charges be dropped if i just said i was 19, and she said it was with her consent?


next; long story short, my gf's mom caught us talking in my car, and ever since i haven't been able to see her. her dad said that he would press charges against me and deport me (he thinks i'm illegal, lol) and shit if he EVER saw me APPROACH his daughter again. so she's not allowed to see me or anything at all.

another thing you should know, i am not desperate to have sex with her, i really don't care, the ONLY thing that matters to me now is being able to SEE HER! and that is what i am trying to figure out if we could do, cause if we can, then i'll let her know so that she can stop worrying about her dad's threats. so then,

is there ANY laws, state or federal that her dad could use against me, if SHE goes to see ME and they catch us talking in my car again? (NO sexual contact involved, no kissing, no nothing, just talking)

would the location matter? as in, would it make it worse if we went to my house?

is there any sort of prosecution her dad could use against me, if I went to see HER?

could i accuse her dad of blackmail for using the threat of deportation against me just based on my skin color, since he's not aware of my legal status?


reguarding all the other questions before, is there any federal law that would interfere or add more to any of the situations mentioned above, or is it just state law i should worry about?
-----Answer-----
Age of consent is 17 years old in Texas.
You more than 3 years her senior.
It means ANY sexual contact is illigal.
You commiting a crime if you do.
Unless you want to spend your life on the sex offenders registry you need to break this off before you get arrested.  Yes if you off with his daughter in a private
he can press charges. If he tells you to get lost and you don't there are other charges that can be brought like criminal tresspass, stalking etc. If you touch her you can be arrested for statutory rape. She too young to consent to anything.
In this situation your wrong and you have no defence.
No you have no recource against her dad.
In general, if can vote you should not be involved with a girl to young to vote.


Answer
You will still be more than 3 years older than she and she still a minor at 16 years old.
The age of consent is 17 not 16.
Its irrelivent if there 18 year olds at her school.
You are 19 and a legal adult.
She is still a girl. Not an adult. She can not legally give consent to you. Nor can you be exempted because she came to you. Legally she can't. Her parents are free to bring charges against you even is she dosen't want it herself.
You are an adult male more than 3 years older than her.
You can't date her untill she is over 17.
Any sexual contact with her prior to being 17th birthday
will be legally the same as forable rape. The law says she is too young to give consent.
At no point will there be less than 3 years age difference. At no point prior to that can you legally date her.
You trying to justify the behavior of  a sexual predator
toward a little girl.  She is a minor.
Why don't look up Chris Hanson's "To catch a predator" series on Dateline NBC. You see many people who are adults being arrested for attempting to date 13, 14 and
15 year olds.