Legal Question in Criminal Law in Texas

Here is the offense that I think you are thinking about:

� 21.11. INDECENCY WITH A CHILD.

(a) A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

(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

(3) at the time of the offense:

Not that there is an affirmative defense, if you are not more that 3 years older that your girlfriend and do not use duress, force, or threat against her at the time of the "offense".

So while sexual contact may be "illegal" there is an affirmative defense.

The risk you take is that she may later claim that you used force, duress or threat which could negate your defense.