can a 18 and 16 year old have sex with consent

UPDATED: Oct 2, 2022

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can a 18 and 16 year old have sex with consent

is it legal for me, being a 16 year old male, to engage
in sexual activity with an 18 year old male without him
being convicted of any crimes?

Asked on July 28, 2019 under Criminal Law, Texas


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

Answered 3 years ago | Contributor

Technically speaking, you are below the age of consent in Texas.  However, if the 18 year old was arrested and charged with having sexual relations with a minor, he could raise the defense of consent because there is less than 3 years difference in your ages.  I know that kids your age are frequently engaging in sexual relations....however, it doesn't stop law enforcement from arresting an 18 year old and placing their picture in the newspaper as a mug shot.  If you care about this person, then I suggest that you wait until you are 17 years old (plus one day), and are of the age to consent.  That way, no arrest or embarassment will occur -- at least by law enforcement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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