If I got my wife, who is 17 and a senior in high school, pregnant,can I still be prosecuted if I’m 22?

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If I got my wife, who is 17 and a senior in high school, pregnant,can I still be prosecuted if I’m 22?

I think the state age of consent is 17. I’m curious since we’re married can the state still prosecute a charge or will it drop especially since she turns 18 in 6 months?

Asked on January 25, 2015 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were married at the time that you had sex, there will be no prosecution. If you were not married at the time there could be a prosecution. This is because the age of consent (i.e. the age at which an individual can consent to engage in sxual activity) is 17 years old in most states. Also, many states do not enforce severe penalties for a person who has sex with someone under 17 if that person is not more than 3 years older than the minor.


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