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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34291
Experience:  16 yrs. of experience including criminal law.
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my son just turned 18 jan 21 and had consensul sex with a

Resolved Question:

my son just turned 18 jan 21 and had consensul sex with a girl at school. we think she is 14 or 15 years old she is in the 9th grade we could happen to my son?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist.

This can be a problem for your son. In TX the age of consent is 17. There is a defense in some cases ...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender Texas Penal Code Section 21.11(b)

SO her age is key...if she is not more than 3 years younger AND this was consensual...then he may be ok...otherwise this would be a sex crime under TX law.

What could happen...jail...but perhaps worse the requirement to register as a sex offender. He needs a good lawyer and make she he talks to no one else about this (not even you).

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Customer: replied 7 years ago.
we heard that the law changed to 5 years in sept 09?????
Expert:  P. Simmons replied 7 years ago.
still 3 years

here is the law

But its not a complete defense...its an affirmative defense...the burden is on him to show this

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