In Texas if I’m 17 and get caught having sex with a 16 year old could I get in trouble?

Asked on March 16, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The most direct answer is "yes,... but."  As a 17 year old, you are considered an adult.  A 16 year old is considered a minor.  When an adult has sex with a minor, then that is considered sexaual assault in Texas.  (Many people refer to it as statutory rape.)  You could be charged and arrested for the felony offense.  The "but...." is that you may have an affirmative defense.  If the sexual activity was consensual and you did not have a previous conviction for sexual assault, then you would be able to defeat a sexual assault charge.  Considering the affirmative defense, many people don't worry about a charge... but you also need to keep in mind that an arrest for sexual assault is extremely hard to get expunged or taken off your record.  This may not be a big concern right now, but when your twenty or thirty years old looking for a good job, then just the arrest can be a deal breaker.

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