Legal Question in Sexual Harassment in Texas

how are you doing.... i just had a quick question...

i am kinda concerned.... if i have a girlfriend that is 16 and i am at the age of 18 is this still legal?

We truly love each other and want to make this work. but do not want to get me in any trouble. does this violate the age consent in Texas.


Asked on 1/20/10, 9:47 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

In Texas there is a 3 year "Romeo & Juliet" exception to the age of consent law.

The general age of consent for sex, in Texas, is 17 years old, BUT there is an affirmative defense, which means it is still ok if the age difference between the two sexual partners is not greater than 3 years (36 months) AND you are not required to register as a sex offender AND your girlfriend is at least 14 years old (you say she is 16) AND you are not married to another person.

Important Note: Even though she is old enough to consent to sex with a person who is no older that 3 years older than her (within the rules described above), your girlfriend may not consent to nude or sexual photos taken of her. So you should not take/view/possess video or still photos of her nude or in any sexual manner.

This area of the law carries VERY serious consequences. For a more in-depth review of your situation you should consult a local criminal defense lawyer.

Good Luck!

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Answered on 1/27/10, 3:36 pm


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