Legal Question in Criminal Law in Texas

Is a nineteen year old girl having sex with a sixteen year old girl in texas statutory rape? Their age gap is three years and twelve days. (lesbain sex)


Asked on 10/17/11, 4:22 am

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Whether it would actually end up being prosecuted ir not, I couldn't tell you, but yes, that is a criminal act in this state if the younger person is less than 17 and there's ANY more than 3 years between them (if the older girl turned 19 as little as one day before the younger turned 16). If there was no vaginal contact or penetration of any type, but there was some other breast or genital contact ("any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person"), it would be Indecency With a Child, a second degree felony (2-20 years). If there was any actual vaginal, oral, or anal contact or penetration (by mouth, sexual organ, any other part of the body, or any object), the offense would be Sexual Assault of a Child (also a second degree).

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Answered on 10/17/11, 9:44 am


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