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Texas Romeo and Juliet Situation

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  • 12-30-2008, 04:10 PM
    Legal Help
    Texas Romeo and Juliet Situation
    My question involves criminal law for the state of: Texas

    I have a question, I've done a lot of research on this issue, and I'm in need of some clarification.

    I understand that there is an affirmative defense to prosecution in the state of texas for "Romeo and Juliet" relationships regarding teenage sex.

    The statute is as follows:
    It is an affirmative defense to Offense 2 that the actor:
    1. Was not more than three years older than victim at time of offense, AND
    2. Was not required to register as a sex offender, AND
    3. Victim was at least 14 years of age.

    If a 19 year old and a 16 year old were to engage in sexual activity (during a dating relationship) who were within 3 years of age, and the 19 year old met all of the qualifications for the affirmative defense--could he still possibly face jail time?

    I understand that there is much conflicting evidence about this, but by looking at the penal code alone, I do not see how the actor could face any charges for sexual assault. (statutory)

    If years elapse in time, and the second party is over the age of 18, what would need to happen for the actor to face charges, or would this even be possible since the act was consensual and essentially protected by the penal code in the first place?

    In my research, I've also noted this case where the 3 year difference was ample grounds for dismissal.
    http://www.tjpc.state.tx.us/publicat...99/99-2-23.htm
    Thank you for any help.
  • 12-30-2008, 04:11 PM
    aaron
    Re: Texas Romeo and Juliet Situation
    Read this.
  • 12-30-2008, 04:16 PM
    Legal Help
    Re: Texas Romeo and Juliet Situation
    I am not an involved party in this situation, I'm just looking for clarification regarding the affirmative defense and how it would be used.

    It is not simply a matter of can person A have sex with person B, but rather how would the affirmative defense come into play if this was a factor in a case.

    Thank you Aaron, I'm sorry if this was the wrong place to post this question.
  • 12-30-2008, 04:31 PM
    cyjeff
    Re: Texas Romeo and Juliet Situation
    What is your interest in this matter if not a participant or the parent of a participant?

    I ask because we do not do homework.
  • 12-30-2008, 05:00 PM
    panther10758
    Re: Texas Romeo and Juliet Situation
    Nor are we in the habit of telling minors they can go boinking!
  • 01-12-2009, 08:47 PM
    usedbranflakes
    Re: Texas Romeo and Juliet Situation
    It is possible that someone who is 19 is actually more than 3 years older than someone who is 16. ...and that is a technicality that DAs will fight to the n'th degree.

    If you are researching because "your friend" has been charged then your attorney, I mean your friend's attorney, can file the proper motion to dismiss.

    If people wait until both actors are above the age of 18 then there is not an issue as long as both are capable of consenting.
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