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This offense is a second degree felony, and penalties include at least two (and up to 20) years in prison and a fine of up to ,000. Penal Code §§ 22.021, 22.011, and 21.11 (2017).) State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes (including some instances of statutory rape) register as sex offenders.
Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as “Someone else committed this crime,” or “The alleged conduct did not occur.” Texas has a marital exemption for statutory rape that allows consensual sex between a married minor and his or her adult spouse even though their ages would prohibit it if they were not married.
The marital defense is a remnant of the marital rape exemption.
Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 15 year old willingly has sex with Tony, her 21 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
As in most states, mistake of age is a defense in Texas. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.
Also, the legal age for alcohol consumption in all states is 21.
Of course, rape that does involve force or an assault is illegal in Texas and prosecuted as forcible rape.
This offense is a first degree felony, and penalties include at least five (and up to 99) years in prison and a fine of as much as ,000. Sexual assault involves sexual penetration between a minor who is younger than 17 and a defendant who is three or more years older than the victim.
This offense is a second degree felony, and penalties include at least two (and up to 20) years in prison and fine not to exceed ,000. Indecency with a child involves sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor who is younger than 17 and a defendant who is three or more years older than the victim.
See Emancipation of Minors and Parental Liability Basics for related information.
Minors may consent to any treatment if in military or 16 years old and living apart from parents.