Q: Can an 18 years old male have sexual activities to a 16 year old girl? What is legality in terms of this in Texas?
Can I file a charge for 18 yo male for sexual advances to my 16 yo daughter?
A:
It depends on what exactly you mean by "sexual advances" but the potential offenses are Sexual Assault, Indecency with a Child, and Sexual Performance by a Child. You'll need to compare what actually happened to the definitions of those crimes in the Texas Penal Code to determine which, if any, apply to your specific situation.
If she consented then he may have an affirmative defense that he is less than 3 years older.
A: See Texas Penal Code Section 21.11 - Indecency with a Child, Section 22.011- Sexual Assault, & Section 43.25 - Sexual Performance by a Child for the law on the subject.
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