Is it illegal for a 19 year old male and a 16 year old male to have sexual relations?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal for a 19 year old male and a 16 year old male to have sexual relations?
Asked on February 14, 2013 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Technically, yes, in Texas it is illegal. Statutes prohibiting sexual conduct between two males are still "on the books", even though the Supreme Court has declared the statute unconstitutional. So-- even though illegal-- same sex sexual relations is not likely to be prosecuted under Penal Code 21.06.
However, this conduct can be prosecuted under a different statute-- as sexual assault of a child or indecency with a child. For both of these statutes, a child is defined as someone under the age of 17 years. This means the 16 year old is not of legal age to consent. The 19 year old could be arrested and charged with either sexual assault or indecency. If the conduct was consensual and they were within three years of age, then the 19 year could assert a defense to the charge-- but that would not save him the embarrassment of being charged and labeled as sex offender. If this is something that both parties want, they would be better off waiting until the 16 year old reached the age of consent.
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 AttorneyPages.com 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.