The use of this form does not establish an attorney-client relationship. The chart below outlines the ages where it is lawful to have sex and ages where the Romeo-Juliet Law may apply under Texas law. Similarly, you’ll often run into sources that give a partial answer. Surprisingly, certain affirmative defenses in Texas where the age of consent is an issue, like the Romeo-Juliet statutes or provisions, differ based on the nature of the alleged offense. While working hours are restricted for 14- and 15-year-olds in the state, a 17-year-old is permitted to work whatever hours he wishes. However, 17-year-olds are prohibited from working jobs that require driving or in certain heavy industries such as coal mining, logging, excavation and roofing.
In a particularly poignant example, an 18-year-old high school senior was arrested for having sex with his freshman girlfriend at the same high school. As the age of consent in this particular state is 16, which the girlfriend was not, the 18-year-old pleaded guilty to criminal sexual misconduct and was sentenced to one year in jail plus three years’ probation. Once a person is no longer under the age of 17 they are considered in Texas to be capable of giving consent for sexual activity. The presence of a wide age difference in a romantic relationship sometimes raises questions. According to studies, couples who are more than ten years apart in age face societal rejection.
Texas law imposes an age of consent because minors are not mature enough to understand sexual relations. They also cannot appreciate the long-term effects that can come with the decision to have intercourse. Failure to comply with registration requirements results in an additional felony charge.
Is 17 a minor in Texas?
Under the law, teenagers do not have the legal capacity to decide to engage in sexual intercourse. If someone gets hurt – physically or emotionally – or if concerned parents catch wind of sexually-charged teenage relationships, the consequences can be very serious. Anyone who is facing charges for unlawful sex with a minor should seek the assistance of an experienced Los Angeles criminal defense attorney immediately. In many states, “Romeo-and-Juliet” exceptions—named for Shakespeare’s teenage lovers—protect young people from criminal charges for engaging in consensual sexual conduct with others close to their own age. Texas has a Romeo-and-Juliet law for consensual sex between a minor who is 14 to 17 and an offender who is not more than 3 years older than the minor.
In general, in the United States, every state and jurisdiction at the state and federal legal has written laws against intimate physical contact between someone under the age of 18 with someone over the age of 18. Any minor who is either in the military or 16 years old and living apart from their parents may consent to medical treatment. However, all minors in Texas may consent to treatments related to pregnancy, drug or alcohol abuse, or infectious diseases.
Can CPS take a 17-year-old in Texas?
Whether you want to know about emancipation laws or a minor’s legal ability to consent to medical treatment, there is one key place to go for answers — a family law attorney. A good lawyer can explain the law and how it impacts your particular situation. For example, if you have consensual sex with someone under 17 and aren’t married to her or him, you could be charged with indecency with a child. That’s a second degree felony which can bring punishment of two to 20 years in prison. Though an individual is considered able to make such a decision at 17, a person below this age isn’t considered able to make a wise decision, and even unforced sex may lead to criminal charges.
But, for Houston Chronicle digital producer Frankie Ortega, it happened not all that long ago much closer to home. In the 1970s, her own mother was forced — by her mother — to get married at the age of 14 in Orange, Texas, to a man who was 21. TexasLawHelp.org is managed by Texas Legal Services Center, a https://onlinedatingcritic.com/tikdating-review/ 501(c)(3) nonprofit organization. TLSC provides free legal services to underserved Texans in need of education, advice, and representation. A person under age 18 years cannot marry unless they have been emancipated, a process also known as having the disabilities of minority removed for general purposes.
A knowledgeable attorney can also advise you on how the law will apply to your set of facts. In Texas, statutory rape occurs when an adult engages in sexual activity with someone 16 years or younger, even if that activity was consensual. While it is not against the law for an adult to DATE a minor in Texas, it is illegal to have sex with someone who is 14 to 17-years-old if you are more than 3 years older then them, even if the sex is consensual. Some students may simply fall through the cracks, especially those who don’t live with their parents or forget to get the paperwork signed. Some parents may not want their children educated about child abuse, particularly if they are the perpetrators of the abuse. Others may not want to admit that their child could fall victim to dating violence.
What City In Texas Is Near The Gulf?
California is one of the few states that does not have a minimum age for marriage. Parental consent and court permission may be required before the marriage. That means that you can be charged with a misdemeanor or a felony. The charge will be a misdemeanor if the age difference between the parties is no more than three years. It does not matter whether the alleged victim agreed to or wanted to have sexual intercourse. If the prosecution can prove the three legal elements, it is sufficient to obtain a conviction for statutory rape.
The answer to the question, as worded, is ‘no.’ It’s against the law. If the 16-year-old participates in any sexual activity with the 13-year-old, they may be charged with statutory rape, and parental approval, presuming there was any, would be irrelevant. The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place.
These are just some of the reasons to consult a criminal defense attorney if you have any questions about sexting or have been accused of a crime. If you are under 17 years old and are dating someone who is 21 years old or older, it is important to be aware of the potential consequences. You could be charged with sexual assault of a child, which is a felony. Depending on the circumstances, you could face prison time, fines, and mandatory registration as a sex offender.