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  1. #1
    saxman66 Guest

    Another Dating a minor thread...

    What is the name of your state? Texas

    What are the laws in Texas about dating a minor. I know the age of consent is 17 in Texas. Does that mean a 17 can choose to have a sexual relationship with anyone else 17 or older, as long as both partners want to? Is there a maximum age difference between the two partners?...Say 5 years or 3 years..etc. We should also assume the parents are indeed ok with a their 17 year old child and the older-than-18 person having a relationship. What exactly does the 17 age of consent give the privilage of? Are there any other legal issues to watch out for? (Besides maturity, morals, too young, etc.)

    Thanks for answering all my questions.

    CC
  2. #2
    ptlmejo is offline Member
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    Read on...
    21.11. INDECENCY WITH A CHILD. (a) A person commits
    an offense if, with a child younger than 17 years and not the
    person's spouse, whether the child is of the same or opposite sex,
    the person:
    (1) engages in sexual contact with the child or causes
    the child to engage in sexual contact; or
    (2) with intent to arouse or gratify the sexual desire
    of any person:
    (A) exposes the person's anus or any part of the
    person's genitals, knowing the child is present; or
    (B) causes the child to expose the child's anus
    or any part of the child's genitals.
    (b) It is an affirmative defense to prosecution under this
    section that the actor:
    (1) was not more than three years older than the victim
    and of the opposite sex;
    (2) did not use duress, force, or a threat against the
    victim at the time of the offense; and
    (3) at the time of the offense:
    (A) was not required under Chapter 62, Code of
    Criminal Procedure, to register for life as a sex offender; or
    (B) was not a person who under Chapter 62 had a
    reportable conviction or adjudication for an offense under this
    section.
    (c) In this section, "sexual contact" means the following
    acts, if committed with the intent to arouse or gratify the sexual
    desire of any person:
    (1) any touching by a person, including touching
    through clothing, of the anus, breast, or any part of the genitals
    of a child; or
    (2) any touching of any part of the body of a child,
    including touching through clothing, with the anus, breast, or any
    part of the genitals of a person.
    (d) An offense under Subsection (a)(1) is a felony of the
    second degree and an offense under Subsection (a)(2) is a felony of
    the third degree.
    22.011. SEXUAL ASSAULT. (a) A person commits an
    offense if the person:
    (1) intentionally or knowingly:
    (A) causes the penetration of the anus or sexual
    organ of another person by any means, without that person's
    consent;
    (B) causes the penetration of the mouth of
    another person by the sexual organ of the actor, without that
    person's consent; or
    (C) causes the sexual organ of another person,
    without that person's consent, to contact or penetrate the mouth,
    anus, or sexual organ of another person, including the actor; or
    (2) intentionally or knowingly:
    (A) causes the penetration of the anus or sexual
    organ of a child by any means;
    (B) causes the penetration of the mouth of a
    child by the sexual organ of the actor;
    (C) causes the sexual organ of a child to contact
    or penetrate the mouth, anus, or sexual organ of another person,
    including the actor;
    (D) causes the anus of a child to contact the
    mouth, anus, or sexual organ of another person, including the
    actor; or
    (E) causes the mouth of a child to contact the
    anus or sexual organ of another person, including the actor.
    (b) A sexual assault under Subsection (a)(1) is without the
    consent of the other person if:
    (1) the actor compels the other person to submit or
    participate by the use of physical force or violence;
    (2) the actor compels the other person to submit or
    participate by threatening to use force or violence against the
    other person, and the other person believes that the actor has the
    present ability to execute the threat;
    (3) the other person has not consented and the actor
    knows the other person is unconscious or physically unable to
    resist;
    (4) the actor knows that as a result of mental disease
    or defect the other person is at the time of the sexual assault
    incapable either of appraising the nature of the act or of resisting
    it;
    (5) the other person has not consented and the actor
    knows the other person is unaware that the sexual assault is
    occurring;
    (6) the actor has intentionally impaired the other
    person's power to appraise or control the other person's conduct by
    administering any substance without the other person's knowledge;
    (7) the actor compels the other person to submit or
    participate by threatening to use force or violence against any
    person, and the other person believes that the actor has the ability
    to execute the threat;
    (8) the actor is a public servant who coerces the other
    person to submit or participate;
    (9) the actor is a mental health services provider or a
    health care services provider who causes the other person, who is a
    patient or former patient of the actor, to submit or participate by
    exploiting the other person's emotional dependency on the actor;
    (10) the actor is a clergyman who causes the other
    person to submit or participate by exploiting the other person's
    emotional dependency on the clergyman in the clergyman's
    professional character as spiritual adviser; or
    (11) the actor is an employee of a facility where the
    other person is a resident, unless the employee and resident are
    formally or informally married to each other under Chapter 2,
    Family Code.
    (c) In this section:
    (1) "Child" means a person younger than 17 years of age
    who is not the spouse of the actor.
    (2) "Spouse" means a person who is legally married to
    another.

    Text of subsec. (c)(3) effective until February 1, 2004
    (3) "Health care services provider" means:
    (A) a physician licensed under Subtitle B, Title
    3, Occupations Code;
    (B) a chiropractor licensed under Chapter 201,
    Occupations Code;
    (C) a licensed vocational nurse licensed under
    Chapter 302, Occupations Code;
    (D) a physical therapist licensed under Chapter
    453, Occupations Code;
    (E) a physician assistant licensed under Chapter
    204, Occupations Code; or
    (F) a registered nurse or an advanced practice
    nurse licensed under Chapter 301, Occupations Code.

    Text of subsec. (c)(3) effective February 1, 2004
    (3) "Health care services provider" means:
    (A) a physician licensed under Subtitle B, Title
    3, Occupations Code;
    (B) a chiropractor licensed under Chapter 201,
    Occupations Code;
    (C) a physical therapist licensed under Chapter
    453, Occupations Code;
    (D) a physician assistant licensed under Chapter
    204, Occupations Code; or
    (E) a registered nurse, a vocational nurse, or an
    advanced practice nurse licensed under Chapter 301, Occupations
    Code.
    (4) "Mental health services provider" means an
    individual, licensed or unlicensed, who performs or purports to
    perform mental health services, including a:
    (A) licensed social worker as defined by Section
    505.002, Occupations Code;
    (B) chemical dependency counselor as defined by
    Section 504.001, Occupations Code;
    (C) licensed professional counselor as defined
    by Section 503.002, Occupations Code;
    (D) licensed marriage and family therapist as
    defined by Section 502.002, Occupations Code;
    (E) member of the clergy;
    (F) psychologist offering psychological services
    as defined by Section 501.003, Occupations Code; or
    (G) special officer for mental health assignment
    certified under Section 1701.404, Occupations Code.
    (5) "Employee of a facility" means a person who is an
    employee of a facility defined by Section 250.001, Health and
    Safety Code, or any other person who provides services for a
    facility for compensation, including a contract laborer.
    (d) It is a defense to prosecution under Subsection (a)(2)
    that the conduct consisted of medical care for the child and did not
    include any contact between the anus or sexual organ of the child
    and the mouth, anus, or sexual organ of the actor or a third party.
    (e) It is an affirmative defense to prosecution under
    Subsection (a)(2) that:
    (1) the actor was not more than three years older than
    the victim and at the time of the offense:
    (A) was not required under Chapter 62, Code of
    Criminal Procedure, as added by Chapter 668, Acts of the 75th
    Legislature, Regular Session, 1997, to register for life as a sex
    offender; or
    (B) was not a person who under Chapter 62 had a
    reportable conviction or adjudication for an offense under this
    section; and
    (2) the victim was a child of 14 years of age or older.
    (f) An offense under this section is a felony of the second
    degree.
  3. #3
    saxman66 Guest
    So the offense is treated differently if the actor has a sexual contact with a child, if the actor is less than 3 years older? Does the 3 year rule apply once the child turns 17?

    This part only states laws about sexual contact. Are there any laws about strictly dating a "child" under 17? No sexual contact in other words. Does a 3 year regulation apply to "dating?" I assume CFR Part 21 deals with all of this.

    CC
  4. #4
    ptlmejo is offline Member
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    Adult dating minor = Needs to grow up.

    Need I say more?
  5. #5
    CdwJava is online now Senior Member
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    There's a good rule of thumb that I have heard before:

    "If you have to ask, 'Is it okay?' ... it isn't."

    That's because when people ask the question they KNOW it's not right, they are just searching for a legal way out of what they know is morally (if not legally) wrong.

    The second rule of thumb is: "Wait til she's 18."

    Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  6. #6
    AHA
    AHA is offline Senior Member
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    I'm getting a severe nausea reading a multitude of post about people having "relations" with young kids. There has been countless ones on here in just the last few days******************************************WHAT IS WRONG WITH THESE PEOPLE????????????
    No wonder so many people end up damaged as adults, since so many people can't keep their filthy hands off of kids and let them grow up aas normal!!!! Sex isn't the most important thing in the world. It doesn't take a college degree to figure that out.
    Where are all the parents in all these cases...or common sense for that matter? I'm sick of seeing a new post about the same sexually sick subject every time I log on to this site. You all need serious help.....and to stay away from minors!
  7. #7
    saxman66 Guest
    Can you all just answer the questions please. I didn't ask for any other comments. You are just speculating and know nothing about the actual situation. I did it on purpose that way. Thank you

    CC
  8. #8
    CdwJava is online now Senior Member
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    What question do you have?

    PTL posted the law ... others have mentioned that you could get jammed up for this ... and I suggest that you consult local counsel to make sure you can't land in the pokey.

    Trust me, but there is almost always a way to nail a guy who has relations with a minor ... especially if mom and dad are against it.

    If you remain hands off, you are probably legally okay ... unless the minor is being taken out against the parents' wills.

    Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    Happy Trails is offline Senior Member
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    Quote Originally Posted by saxman66
    Can you all just answer the questions please. I didn't ask for any other comments. You are just speculating and know nothing about the actual situation. I did it on purpose that way. Thank you

    CC
    **If you did it on purpose, then speculation is what you get.
  10. #10
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by saxman66
    Can you all just answer the questions please. I didn't ask for any other comments. You are just speculating and know nothing about the actual situation. I did it on purpose that way. Thank you

    CC
    You are purposedly asking for a loop hole in the law which will make it legal to have sex with a minor!! We don't need to know every detail, what you told us so far is bad enough and NO, sex with a minor is an offense even if the minor is begging for you to do him/her.

    "Are there any other legal issues to watch out for? (Besides maturity, morals, too young, etc.)"
    Aren't those issues enough????
  11. #11
    nicole1331 is offline Junior Member
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    I've been dating this guy since my freshman year and i was 14 and he was 17 at the time and now were still together and i am 16 and he is 18( he will be 19 in dec.) our parents on both sides are okay with us and we don't have sex anymore, what is the age difference law in texas? Isn't it 3 years?
    -Nicole
    Last edited by nicole1331; 09-27-2009 at 11:42 PM.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by nicole1331 View Post
    I've been dating this guy since my freshman year and i was 14 and he was 17 at the time and now were still together and i am 16 and he is 18( he will be 19 in dec.) our parents on both sides are okay with us and we don't have sex anymore, what is the age difference law in texas? Isn't it 3 years?
    -Nicole
    Please don't necropost and please don't hijack.

    Start your own thread.
  13. #13
    meanyjack is offline Member
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    Not to mention this thread is OVER FIVE YEARS OLD!!!

    And it appears "Nicole's" math is a little off, too. Since when does 14 + 5 = 16?

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