Texas statutory rape questions

[newguy2005]

hello, I live in Texas, I know the age of consent for sex is 17, but what if it was consentual and both were not more than 3 years apart, one being 18 and one being 16? I thought I remembered something about if it was within three years there is positive grounds for defense. also what are the possible punishments if it is within three years and consentual?

[aaron]

Texas law provides:

(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:
  
  [list:cd9a59b1fc](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.

[/list:u:cd9a59b1fc] (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:
  
  [list:cd9a59b1fc](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.

[/list:u:cd9a59b1fc] (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.