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The age of consent, which is 17 in Texas, can vary by jurisdiction.
And some states, including Texas, differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.
This offense is a second degree felony, and penalties include at least two (and up to 20) years in prison and a fine of up to ,000. Penal Code §§ 22.021, 22.011, and 21.11 (2017).) State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including some instances of statutory rape) register as sex offenders.
Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.” Texas has a marital exemption for statutory rape that allows consensual sex between a married minor and his or her adult spouse even though their ages would prohibit it if they were not married.
This offense is a first degree felony, and penalties include at least five (and up to 99) years in prison and a fine of as much as ,000. Sexual assault involves sexual penetration between a minor who is younger than 17 and a defendant who is three or more years older than the victim.
This offense is a second degree felony, and penalties include at least two (and up to 20) years in prison and fine not to exceed ,000. Indecency with a child involves sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor who is younger than 17 and a defendant who is three or more years older than the victim.
The marital defense is a remnant of the marital rape exemption.
In most states, the age of consent has been arbitrarily designated by statute.It is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 17), even if the sex is consensual.Those who break the law have committed statutory rape (classified as sexual assault in Texas).As in most states, mistake of age is a defense in Texas. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.