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.

