What is the age of consent?

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What is the age of consent?

My cousin is 26; her boyfriend is 17. They did not begin this relationship until after he turned 17. Is this legal in TX? I had heard that the age of consent in TX is 17 but I am concerned for my cousin. I don’t want her going to jail or being labeled as a “sex offender” despite the fact that his mother approves of this relationship.

Asked on December 15, 2010 under Criminal Law, Texas

Answers:

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

Answered 10 years ago | Contributor

The age of consent is the age above which a person can legally have sex with someone else (also of the age of consent or older). In TX the age of consent is 17. Since your cousins's boyfriend is 17, and she is well above that, they can legally have sex with one another.  However, if there is evidence that she had sex with him before he turned 17, then she could be in in trouble with the law (although you indicate that not to be the case).


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