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Texas Sex Laws 17 year old and 18 year old


Question Posted Tuesday April 5 2011, 6:23 pm

If a 17 year old or 18 year old was to have sex, can the 18 year old get in trouble? NO OPINIONS I NEED FACTS. i have looked all over the net and have seen many different answers.

the age of consent in texas is 17, so then an the 17 year old legally have sex with the 18 year old and the 18 year old WILL NOT go to jail or any kind of charges or trouble ?

i heard about something around three years. can a 17 year old have sex with a 20 year old... 21?


[ Answer this question ]

Additional info, added Tuesday April 5 2011, 9:32 pm:
also, i heard about something to do with AFFIRMATIVE DEFENSE. when i ask if the 18 year old can get in trouble, i mean, do they have to go to court or anything like that ? like if im 17 and they're 18 are they clear and off of the hook ?

also, i heard the legal age of consent is 17 .. .if that is the age of consent then how come some people say an 18 and a 17 year old can't have sex because the 17 year old is a minor? if a 17 year old couldn't have sex awith a 16 year old OR EVEN AN 18 year old then what is the point of 17 being the age of consent anyway if they can't have sex with someone legally anyway ?

sorry that i have a lot of questions, but if you answer them please refer to each in order or name them . thank u !
.

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adviceman49 answered Wednesday April 6 2011, 11:05 am:
Once you reach the age of consent it is legal for you to have sex with anyone older than 17.

The three year rule applies to sex with people younger that 17. It is an exemption granted in many states, such as Texas so should someone; say an 18 year old high school student, a senior have sex with a 16 year old sophomore. There would be no statutory rape problem to face.

Where the 17 year old could be considered a minor would most likely come in is if the 17 year old had consensual sex with someone in authority over them. Usually this would be someone like a teacher, or even a close relative. I would have to read the law to give you more specifics on this question.

There is one other law called the Mann act: Where a minor is taken across state lines for immoral purposes. In this case immoral is loosely defined and the federal age of consent may differ from that of the state. The Act is a Federal Law and here again your consent has nothing to do with the intent of the law. Also federal law supersedes state law. I am not aware of the federal age of consent. It may be 18. As long as you remain in Texas this is something you would not have o worry about.

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K3587 answered Tuesday April 5 2011, 9:44 pm:
It's legal here in Texas. Anything you hear otherwise refers to a different state. This means the 18 year old cannot be convicted of statutory rape, which is what the person of age can get slapped with even when the sex is consentual.

I'm not positive about the 3 year rule, but I think you've got the gist of it. A minor can't have sex with anyone over 3 years older regardless of age of consent.

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Razhie answered Tuesday April 5 2011, 9:44 pm:
In Texas it's just fine. 17 is the age of consent.

The only situations in which it would be a trouble would be if the older partner was a teacher, or doctor or someone with formal authority. That might be a legal issue. Otherwise, 17 is the age of consent.

Other states have different laws, but in most states, a 17 and 18 year old would be fine. In very, very few places would that be a problem legally. Most Age of Consent laws have a 'close in age exemption' which protects people close in age from being illegal, generally 2 or 3 years difference, even if the younger is just below the Age of Consent. Texas has a law like that which states it is legal to have sex with someone between the age of 12 and 17, so long as you are no more than 3 years older than them. So, even a 15 and 18 year old would be legal in Texas.

In Texas, and many others, a 17 and 21 year old would be perfectly legal as well.

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