Seabrook, TX asked in Juvenile Law for Texas

Q: Is it ok for a 16 year old to date a 13 year old?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: No.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: There is no legal prohibition on "dating" per se in Texas.

Until the age of 17 years, a person does not have the legal capacity to consent to any type of sexual conduct in the State of Texas. Therefore, any sexual conduct engaged in with that person will be legally considered to have been done without that person's consent even if that person was the instigator or an enthusiastic participant in the conduct.

Any touching of the anus, breast, or any part of the genitals of another person over or under clothing with intent to arouse or gratify the sexual desire of any person is considered sexual contact which could result in criminal prosecution if the other person is underage. So be very careful what you even arguably touch if you are dating someone under 17 years of age.

A child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense, is legally considered to be a "young child." Criminal penalties associated with sexual conduct are often enhanced when the victim is a young child as defined by law. For example, continuously touching the anus, breast, or any part of the genitals of young child is a first degree felony that can result in a prison sentence for up to 99 years.

Importantly, under federal child pornography laws, any person under 18 years of age is considered a child. The production, distribution, reception, and possession of an image of child pornography is a serious federal crime wih sever penalties.

Most criminal offense regarding sexual activity will also require the perpetrator to register for life. Being a registered child sex offender can stigmatize and affect a person for the remainder of his life.

You can enjoy a movie and a meal, but forego any type of sexual activity until you are both older.

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