What is the Age of Consent in Texas? | Texas and Federal Consent Law
It is enough that an adult had sex or sexual contact with a minor. It doesn't matter if the act was consensual. Texas law states the age of consent is 17 years old. Theoretically that's witness tampering, but a minor child in this situation is between a rock and a hard Quora User, JD Law, The University of Texas at Austin. Texas Criminal Attorneys Dunham & Jones, Attorneys at Law, P.C. Thus, if an adult has sex with a minor below the age of consent, the adult may be charged.
Under federal law, the age of consent is Specifically, 18 USC defines a minor as a person under the age of The federal government has jurisdiction over an alleged crime when some act took place over state lines.
Teen Sexting in Texas
This can be actual travel, or as often alleged in cases of child pornography, by the use of computers or the internet. The 50 states in the United States have a variety of ages at which a person may consent to sexual activity.
While the age of consent in a particular state may be a relevant inquiry to a state prosecutor or state law enforcement agent, remember that an alleged offense may be prosecuted federally. Therefore, a person may not travel from one state to another to have sexual contact with a person under the age of Similarly, under 18 USC, and A, it is illegal to produce, distribute, receive or possess sexually explicit images of a child under the age of For example, an accusation will almost always lead to a loss of employment, parental rights, and housing.
This happens for a number of reasons. First, in order to affect an arrest, the police merely have to develop probable cause. This is a very low level of proof and is a far cry from proof required to convict a person of an offense.
CPS may implement child safety plans that limit the accused access to his or her own children. A mere allegation alone is sufficient to result in an arrest and subject a person to all the consequences described here. Unfortunately, false accusations occur far too often for a variety of reasons. Anyone who has been charged with possessing child pornography or transmitting certain visual material depicting a minor should contact a Houston child sex abuse lawyer from The Law Offices of Ned Barnett right away.
Attorney Ned Barnett understands how devastating it can be for people to face accusations of sex crimes involving minors. To schedule a free and confidential consultation of your case, contact us today at The Law Regarding Sexting Minors There are two Texas laws predominantly used to charge individuals with a crime after they have sent explicit images of minors. In general, sexual images of adults consensually sent and received are not illegal. This law states that any minor which is any person years-old or younger commits a crime if he or she intentionally and knowingly: Electronically sends to another minor a visual material depicting any minor engaging in sexual conduct, if he or she produced the material or knows another minor did so Possesses electronic, visual material depicting another minor engaging in sexual conduct, if he or she produced the material or knows another minor did so Texas law does give teenagers a break.
If the material only shows the sender or another minor who is not more than two years older or younger than the sender, and these two individuals are in a dating relationship at the time, it is not a crime. For example, if a year-old girl were to send a nude photograph to her year-old boyfriend, this would not be an offense.
Sexting and Minors | Houston Criminal Defense Attorney Ned Barnett
However, if the year-old girl was dating someone older than 18 and sent him a nude photograph, or if she sent the picture to someone who was not her boyfriend, it would be a crime. Potential Penalties upon Conviction The punishments for sexual intercourse or sexual contact with a minor in Texas are harsh. If you are convicted of statutory rape, your criminal record will be marked with a second-degree felony punishable by 2 to 20 years in prison. If the conviction is for sexual assault of a child younger than 14, you will face 5 to 99 years or life in prison.
Other consequences of a sex crime conviction include: A permanent criminal record Limitations on where you can live Complications obtaining employment Loss of professional license or inability to obtain a profession license in the future Removal of a visa, permanent resident status, or deportation Denial of citizenship application Inability to possess a firearm Loss of custody or visitation with your children The statutory and social consequences of being charged with sex with a minor are too great to face alone.
If you have been charged with a sex crime with a minor, you need an experienced Houston sex crimes attorney like Ned Barnett by your side to defend you in court. Defenses to Sex with a Minor There are two major defenses to sex with a minor: The parties involved were legally married The adult was within a 3 year age difference from the minor The purpose of the law is not to charge teenagers who engage in consensual sex with a crime. For instance, if a 19 year old were to have consensual sex with a 16 year old, this may fall into the exception.