Corpus Christi, TX asked in Criminal Law, Juvenile Law and Sexual Harassment for Texas

Q: In Texas can a 16yo & a 13yo legally have sex? 3 years & 4 months age difference. Both consenting & protected

If this is illegal, would the 16 year old get the same punishment regaurdless if they are male or female? What would happen to the 13 year old?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: In Teas, the age of consent is seventeen. The "Romeo & Juliet" defense only applies when the youngest is at least fourteen years old and the other is not more than three years older... three years and four months is too large of a gap.

The law itself does NOT punish the genders differently, but it does specify a wide range of possible punishments. When a person is sentenced for a crime, the judge or jury must choose an actual punishment that is within the range of possible punishments. The average punishment chosen by a judge or jury for male offenders is harsher than the average punishment for female offenders, especially for sexual offenses. This inequity is not required by law, but it is allowed by law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.