Legal Question in Discrimination Law in Texas

My boyfriend is 19 and I am 16. We live in Texas. Is it possible for him to get charged with statutory rape?

Asked on 4/23/12, 10:28 am

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna


I am an Austin Divorce Lawyer, but I have represented several "statutory rape" criminal defense clients.

In Texas a person under the age of 17 is considered too young to consent to sex...BUT there is an exception if the other person is within 36 months (3 years of age).

Basically, start with your boyfriend's date of birth and start counting months until your birth...if you get over 36, then YES he is committing rape (even if "consensual"). And he could be charged and convicted of a felony.

If he just turned 19 and you are about to turn 17, then you are ok...but if you just turned 16 and he is about to turn 20 then you could have problems.

Also! It is also illegal to have nude photos of anyone under 18. So even if it is ok for the two of you to have sex, it could still be illegal for him to have any nude photos of you (NO EXCEPTIONS).

Bottom line: Sex with someone older if not worth the risk..just wait until you are at least 17 (or longer).

Good Luck!

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Answered on 4/23/12, 10:53 am

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