Q: In texas the age of consent is 17, so is it LEGAL for a 17 y/o to date and have sexual intercourse with someone who’s 24

Parents have consented to being together. I just wanted to find out about the sexual part.

1 Lawyer Answer

Kiele Linroth Pace

Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The felony crime of Sexual Performance By A Child applies anyone under 18 years old engaged in sexual conduct. The plain language of the law criminalizes the conduct itself, even if it does not occur as a performance. If there actually is a performance (or recording) then the parents themselves would also commit a felony by giving their consent.

If the 17 years old is a student and the 24 year-old is an employee of a primary or secondary school then it is a different felony offense.

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