Killeen, TX asked in Criminal Law for Texas

Q: What’s the age of consent in Texas an that being said if she’s 17 an I’m 20 what does that mean will I be in trouble?

I just wanna know like if I do anything which I haven’t that’s why I’m here will I be subject to like a case or anything like that I’m just worried an I would like some clear answers

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2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Since you are already 20 that means you are more than 2 years to the day older than she is, therefore, you could be convicted of felony Child Sexual Performance until she is age 18.

Because she is 17 you can't be convicted of Indecency with a Child or Statutory Rape (ie Sexual Assault based on too young to consent.)

Technically... just because you can't be convicted doesn't mean you couldn't be arrested and charged. As stupid as it sounds, you COULD be arrested and charged with Sexual Assault of the Tooth Fairy if an officer has probable cause to believe you did it. The fact that the Tooth Fairy is not a real person is a great DEFENSE to the charge, but it doesn't prevent the charge. You can't really go through life worrying about bad things that are unlikely to happen.

1 user found this answer helpful

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: See Texas Penal Code Section 43.25 - Sexual Performance by a Child.

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