Underage Sex in Texas

[nessyntx2]

i don't understand the underage sex laws in texas. please explain if both are under the age of 14 what is the law regarding consentual sex. i am very concerned and would like an answer please and thank you.

[cdwjava]

Reading TX Penal Code 21.11 I would think that since the section holds "a person" responsible, and not "an adult", one or both parties in such a consensual encounter could be charged. However, it seems that a truly consensual encounter between two minors within three years of age could provide an "affirmative defense" pursuant to 21.11(b).

http://www.capitol.state.tx.us/statu...0.htm#21.11.00

But, the affirmative defense is something to be raised at trial and won't generally prevent an arrest and even charges.

The long and short is: don't do it!

There are many reasons not to have such relations at such a young age, and the legal reason is but one of them.

- Carl

[nessyntx2]

thank you so much for the response. I am a mother of a 12 year old girl. and am very disturbed by the behavior of these very stupid children.