Will I go to jail if I had sex with my 17 year old girlfriend?

I’m 19 and before In high school I was accused for the same thing that I am accused now. Will the Romeo and Juliet law help me since the year difference between me and her aren’t more than 3 years?

Asked on September 4, 2015 under Criminal Law, Texas


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

Answered 5 years ago | Contributor

If your girlfriend is 17 years old, then it shouldn't be an offense at all.  The definition of "child" for the purposes of sexual assault in Texas is a child under 17 years of age, not some one who is 17 years of age.  Assuming that she wasn't quite 17 when you had sexual relations, then the Romeo and Juliet laws would help as long as all of the encounters were consensual.

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