Each state takes a different approach as the age of consent has ranged from 10 to 18.
Some states, such as California and New York, set an age at which all sexual intercourse is considered statutory rape.
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The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. A reader asked me what the age of consent is in Texas. Let me begin by stating there is no section of the Texas Penal Code that defines “age of consent.” Rather, you have to begin in the Sexual Assault Provisions of the TPC. Doesn’t that make many high school students felons? Texas has a “Romeo and Juliet” affirmative defense for minors who are within 3 years of age.In most states, the age of consent has been arbitrarily designated by statute.However, this age of consent varies widely from state to state.While there is no close in age exemption, defenses exist when the offender was no more than 3 years older then the victim and of the opposite sex.
sexual intercourse between an employee of a school and a student is also prohibited, unless they are married, and no age of consent is specified in this law. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Examples of different state's statutory ages of consent: We've helped more than 4 million clients find the right lawyer – for free. Legal Match matches you to pre-screened lawyers in your city or county based on the specifics of your case.
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Because there is no such "Romeo and Juliet law" in Texas, it is possible for two individuals both under the age of 17 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare.
Similarly, no protections are reserved for sexual relations in which one participant is a 16 year old and the second is a 17 or 18 year old.
Any minor petitioning a Texas court for emancipation -- that is, being declared an adult in the eyes of the law -- must be a Texas resident, 17 years old (or 16 and living apart from one's parents), and able to support and manage one's own affairs.