San Antonio, TX asked in Criminal Law for Texas

Q: I just found out that my 17 yr old daughter is dating a 16 yr old boy. Will she be charged with sexual assult of a minor

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1 Lawyer Answer
Jeffrey Joseph
Jeffrey Joseph
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Texas statutory rape laws apply when a person over the age of 17 has a sexual relationship with someone 16 year of age or younger. There is a defense to prosecution however if the age difference between the two is 3 years or less. Of course, that does not mean that person cannot be charged with the crime and then the burden shifts to the charged individual to use the defense. So you want to be careful with these types of situations. Make sure you consult with your daughter about the possible consequences so that she understands the possibility of being charged and having to use the defense.

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