St. Petersburg, FL asked in Federal Crimes and Criminal Law for Texas

Q: How does it work when two partys age of conset is different?Just how does it work if someones age of consent is like 1

Just how does it work if someones age of consent is like 18 and the other partys is 16.* It cut it off

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: A person's age of consent is based on his/her location or conduct at the time of particular actions. There is not a situation that I can think of where two different people doing the same thing in the same place have different ages of consent.

For example, in Texas, the age of consent is 17. In Arkansas, it is 16. If the Arkansas 16 year old willingly has sex in Arkansas--not a crime victim. If the Arkansas 16 year old willingly has sex in Texas--a crime victim (albeit potential subject to our Romeo & Juliet affirmative defense).

Under federal law, it is a crime to cross state lines to have sex with someone under 18 years of age. If an adult has sex with a willing 17 year old in Texas--not a crime. If an adult travels across the border between Arkansas and Texas to have sex with a willing 17 year old in Texas--a federal crime (but not a state crime).

Kiele Linroth Pace agrees with this answer

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