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Statutory Rape in Texas

What is the age of consent in Texas?

Statutory rape is a sex crime that occurs when an individual has consensual sex with someone under the age of consent. In Texas, the age of consent is 17 years old, which means that those aged 16 or younger are not legally able to consent to sexual activity. However, there is a close-in-age exception which allows an individual to have sex with someone under 17 as long as the older person is not more than three years older than the minor.

Penalties for Statutory Rape

In Texas, statutory rape includes sexual penetration and sexual contact between an adult and someone younger than 17.

The sex crime is broken down into the following three categories:

  • Aggravated sexual assault – Any sexual penetration of a minor under the age of 14, which is considered a first-degree felony that results in a prison sentence between five and 99 years in prison.
  • Sexual assault – Any sexual penetration of a minor who is 17 or younger and an adult who is more than three years older than the victim is considered a second-degree felony, punishable by a prison sentence ranging from two to 20 years.
  • Indecency with a child – Sexual contact and touching other than penetration with a minor who is 17 or younger and an adult who is more than three years older than the victim is a second-degree felony.

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Being convicted of these serious charges could result in the loss of your freedom and registration as a sex offender for the rest of your life. At the Law Offices of Ruben Ortiz, our El Paso criminal defense attorney can review your case and determine all of your available legal options to either get your charges reduced or your entire case dismissed.

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