Me and my boyfriend are two years apart he's 17 I'm 15, if my mom found out we slept together could she press charges in tx on him, even though she already knew our age difference and let us see eachother and stay over with eachother?
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George is the closest (although not the correct section). 21.11 is more for touching of a child. 22.011 (2) is sexual assault of a child (I have tried to get this corrected in Wikipedia to no avail). But if someone does have sex with a child they can be prosecuted under either 21.11 or 22.011 because to have sex they must be touched. Still, the more fitting section is 22.011. The difference being the affirmative defense.
We as citizens can not press charges. So no, even for if your BF robbed her, she can not press criminal charges. Only the County Attorney (for misdemeanors) and grand juries can (for felonies). The District Attorney will present cases to the grand jury and prosecute felonies, but it is up to the grand jury. She can inform the authorities that a crime is/has/will be committed.
http://www.statutes.legis.state.tx.us/Docs/CN/htm/...
Now has a crime been committed? Here is my best explanation:
Under Texas law no one can have sex with someone under 17 UNLESS:
(all must be true)
1 there can be no more than 3 years age difference (to the day)
2 the victim must be 14 or older
3 not a registered sex offender
4 of opposite sex
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
These are an affirmative defense. This means that the defendant must show evidence of this defense in court. Since age, sex, and sex offender status is easily proven the state would be wasting time and money trying to prosecute when they can not get a conviction. But they can still arrest (not likely though).
http://www.statutes.legis.state.tx.us/Docs/PE/htm/...
So, if a 17 year old has sex with a 14 year old (and the above 1-4 are true) then they have the affirmative defense.
If an 18 year old has sex with a 15 year old (and the above are true) they also have the affirmative defense.
And so on.....
But an 18 year old can not have sex with a 14 year old because they are more than 3 years older and will not have the affirmative defense.
If any of the 1 - 4 are not true then they will not have the affirmative defense and can be convicted.
Once someone is 17, a 109 year old can legally have sex with them and not be prosecuted.
The legal age of consent in Texas is 17 {Texas Penal Code Section 21.11}
Texas has an 3 year age exception to the legal age of consent..."Texas Romeo & Juliet Law"
Since there is only a 2 year difference in age and your boyfriend is under age 18 then he will not be charged with Statutory Rape as defined under Texas Law..
IF she replaced into protecting herself then no you won't be able to press rates. Why did she sense threatened by way of you? i'm optimistic it wasn't in basic terms considering you have been preserving a knife, if that replaced into the case you greater useful get a clean gf. I certainly have a feeling you're leaving component of the story out, or you ought to go away her that she feels fantastic in basic terms jogging up and punching you considering you have a knife. needless to say you gave her a reason to sense threatened in any different case and you're leaving that section out, or you're dating a psycho.
Yup. Sex with a minor is illegal and 17 is a consensual age in Texas. He could be charged with statutory rape. You can't legal consent to sex at 15 years old.
yes but so can the court or the DA since statutory rape is based on age and you were not old enough to consent. her allowing it has nothing to do with it except to make her guilty of being an accessary to the crime if she knowingly let it happen so put that to her but im sure she will deny allowing it so only if you have proof she allowed it do you have leverage to ensure she does not make a stink over it
Your mom does have control over that situation. Unless she specifically says, you two are allowed to have sex with each other, she can press charges until you are 17. That's just how it works, whether you say you wanted to or not. You don't legally have the right to have sex with someone and give them your consent. Your mom or dad has to do it for you.
Quinton
That depends on the laws in your state but even it isn't statutory rape, which it could be, your mother is negligent if she lets you keep seeing him.