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

Q: I am 14 my boyfriend is 18 we have my parents permission, can he still get in trouble, even with parent permission

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1 Lawyer Answer
Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: In Texas, it is considered statutory rape for a person to have sexual intercourse with someone under age 17. However, there is an exception (that is, an affirmative defense) to the statute if the person having sexual intercourse with the younger person is not more than three years older than the minor, and that means three calendar years to the day. If you and your boyfriend are having sexual intercourse and he is more than three years older than you (and it sounds like he is), then your boyfriend is committing statutory rape. Additionally, if you and your boyfriend where married, that would be an affirmative defense also.

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