Houston, TX asked in Sexual Harassment and Criminal Law for Texas

Q: Is it legal for a girl who just turned 14 to date someone who is almost 18?

A boy I know and this girl started dating, well, she just turned 14, and he’s going to be 18 soon.. he says it’s legal for them to date since it’s only three years apart, but what happens once he’s 18?

1 Lawyer Answer

A: There is no law in Texas prohibiting a 14 year old from dating a 17 year old. There is no law prohibiting a 14 year old from dating an 18 year old. However, if the two have sex problems begin, and they are not simple problems. Having sex with a 14 year old carries serious prison time. The "three years apart" rule does not apply to keep the 17 or 18 year old from being arrested, jailed, prosecuted and ultimately sent to prison. The "three years apart" rule is an affirmative defense to 'conviction", but it is not an automatic. The law will NOT look compassionately on a male having sex with a 14 year old, and the reason is VERY clear. Fourteen year old girls should NOT be having sex, with anyone, even if they are only "three years apart". The law protects your rational behavior, just dating. The law punishes your irrational behavior, having sex with your boyfriend. The age of consent in Texas is 17. The law in Texas protects that pronouncement, vigorously. Don't make problems for this young man. Life is tough enough without having the police and prosecutors in your life. Good luck.

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.