Yes they can be charged here.
Some state legislatures, such as Texas, have responded to the parental demands for change by enacting so-called "Romeo and Juliet" laws. These types of laws exempt some teenagers and young adults engaging in sexual relations with someone under the age of consent from being classified as sex offenders.
Under Texas' version of the law, if a young adult over the age of 17 has consensual sexual relations with someone under the age of 17, but at least 15 years old, with no more than a four-year age difference between the two, the new law will not require the older party to register as a sex offender if convicted of statutory rape.
The new law also allows those convicted under the old law to clear their names. Those who had to register previously as sex offenders for consensual sexual encounters with a person under the age of 17 can ask the court to review their case. If the court finds that the sexual relationship was consensual and the offender is not a threat to the public, it can exempt the offender from future sex offender registration.
However, the new law has limits on its protections. Although the new law protects the older party in the relationship from having to register as a sex offender, it does not make the older party immune from prosecution based on other sexual-related crimes such as statutory rape.
They may need a lawyer here if they are charged as the girl was underage at the time.
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