Plainview, TX asked in Juvenile Law and Criminal Law for Texas

Q: I live in texas i have a girlfriend who is 18 and im 16 is it against the law to have sex with her?

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1 Lawyer Answer

A: Two answers: Technically, best answer, yes! The age of consent in Texas is 17, so it is illegal for her to be having sex with you. But, two, there is a Romeo & Juliet law in Texas. If you have not read the play from William Shakespeare it is a must read! But for your "legal" purposes, the law permits as an affirmative defense to the charge of having sex with an underage minor that the two participants were within 3 years in age of each other. If that finding is made there is a defense to the conduct being determined to be "criminal". However, this is an "affirmative defense". In other words if charges are filed, and the 18 year old arrested and charged, she could use this as a defense at her trial. There are many exceptions. But, the Romeo & Juliet law was enacted for this very purpose, to keep underage kids from going to prison for having consensual sex with other underage kids. Now that you are sufficiently confused about the law, good luck!

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