Sex with a Minor in Texas - Penalties | Houston Criminal Defense Attorney Ned Barnett
It is enough that an adult had sex or sexual contact with a minor. It doesn't matter if the act was consensual. Texas law states the age of consent is 17 years old. The definition of “Age of Consent” in Texas is when a person may legally Thus, if an adult has sex with a minor below the age of consent, the adult may be. Prior to this age, a minor cannot lawfully consent to sexual intercourse or By dictating a legal age of consent, legislators provide a way for.
If there was force, coercion, or violence, the charge will likely be sexual assault.
What is the Age of Consent in Texas? | Texas and Federal Consent Law
However, the prosecutor does not have to prove violence, force, or coercion in order to prove statutory rape, sexual assault, or indecency. It is enough that an adult had sex or sexual contact with a minor.
- What is the Age of Consent in Texas? | Texas and Federal Consent Law
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- Sex with a Minor
Texas law states the age of consent is 17 years old. Potential Penalties upon Conviction The punishments for sexual intercourse or sexual contact with a minor in Texas are harsh.
My Son Is Dating a Minor | CRC Health Group
If you are convicted of statutory rape, your criminal record will be marked with a second-degree felony punishable by 2 to 20 years in prison. If the conviction is for sexual assault of a child younger than 14, you will face 5 to 99 years or life in prison. Other consequences of a sex crime conviction include: A permanent criminal record Limitations on where you can live Complications obtaining employment Loss of professional license or inability to obtain a profession license in the future Removal of a visa, permanent resident status, or deportation Denial of citizenship application Inability to possess a firearm Loss of custody or visitation with your children The statutory and social consequences of being charged with sex with a minor are too great to face alone.
If you have been charged with a sex crime with a minor, you need an experienced Houston sex crimes attorney like Ned Barnett by your side to defend you in court. Defenses to Sex with a Minor There are two major defenses to sex with a minor: The parties involved were legally married The adult was within a 3 year age difference from the minor The purpose of the law is not to charge teenagers who engage in consensual sex with a crime.
For instance, if a 19 year old were to have consensual sex with a 16 year old, this may fall into the exception. However, neither the marriage nor 3 year age difference exceptions are defenses to forced or coerced sexual intercourse or contact. For repeat offenders, the minimum 10 years and the maximum is life imprisonment. This crime has the same close-in-age exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age.
A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" defined under state law as any act of oral sex or anal sex.
However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor. This exception was added after a landmark case, Wilson v.
My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception. At the time because of the words of the law, a year-old boy was sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Inthe Georgia Supreme Court reversed the conviction of a man convicted of raping a year-old girl because the age of consent in Georgia was 10 at the time. Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that.
There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older. Avery Chumbleya member of the Hawaiian Senatehad made efforts to raise the age of consent.
Ages of consent in the United States
If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act including intercourse, anal sex and oral sex is considered Rape. This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age. Like Lewd Conduct above, this law does not discriminate by gender.
There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault. Although Illinois' minimum marriage age with parental consent or court order is 16,  there is no statutory exception to the age of sexual consent. History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between children 13—16 years old and those fewer than five years older, but the bill failed to pass.
Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors.
The law allows the actor a defense to prosecution if the victim is currently or was previously married the absolute minimum marriageable age in Indiana is 15although this defense does not apply in the case of violence, threats or drugs.
This is not a close-in-age exception though, but merely a defense in court. The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older.
The age limit rises to 18, according to IC, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor.
Under certain aggravating circumstances, the crime becomes a Class A felony. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances Kansas[ edit ] The age of consent in Kansas is Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.