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You are here:  Experts > Arts/Humanities > Social Science > Crime & Law Enforcement Issues & Death Penalty > In Texas, Age of Consent

Crime & Law Enforcement Issues & Death Penalty - In Texas, Age of Consent


Expert: Paul Edward Zukowski - 1/10/2007

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.


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