In Texas, is it illegal for a 17 year old girl to have sex with a 22 year old man?

[sunlover]

If you think parents dont have legal options for a 17 year old who leaves home without consent your very very wrong

[sunlover]

Along with charges to anyone giving a known runaway a place to stay/hide here are other legal options as TX does have a runaway law


The state of Texas has adopted the Uniform Interstate Compact on Juveniles which is based on the Becca Bill.

This means that anyone under the age of 17 who is believed to have run away from home can be detained and returned to the custody of a parent, guardian or the court. If a runaway is 17 years old but left home at 16 or younger, he/she can also be detained. One interpretation of the law states that a 17-year-old who voluntarily left home after turning 17 cannot be taken into protective custody if the parent or guardian knows the child's whereabouts- but there may be other legal options for a parent or the state in this case. Read more from Texas law on runaways below...


By Texas law, a child can be detained or given into custody for reasons listed below (including other reasons that can be found in the Family Code of the Texas Statutes:

§ 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED FOR SUPERVISION.
(b) Conduct indicating a need for supervision is:
(2) the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;
(3) the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 484.002, Health and Safety Code;
(5) an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code; or
(6) conduct that violates a reasonable and lawful order of a court entered under Section 264.305.

Code of Criminal Procedure 63.009. Law Enforcement Requirements
(a) Local law enforcement agencies, on receiving a report of a missing child or a missing person, shall:
(1) if the subject of the report is a child and the well-being of the child is in danger or if the subject of the report is a person who is known by the agency to have or is reported to have chronic dementia, including Alzheimer's dementia, whether caused by illness, brain defect, or brain injury, immediately start an investigation in order to determine the present location of the child or person;
(2) if the subject of the report is a child or person other than a child or person described by Subdivision (1), start an investigation with due diligence in order to determine the present location of the child or person;
(3) immediately enter the name of the child or person into the clearinghouse, the national crime information center missing person file if the child or person meets the center's criteria, and the Alzheimer's Association Safe Return crisis number, if applicable, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the missing child or missing person; and
(4) inform the person who filed the report of the missing child or missing person that the information will be entered into the clearinghouse, the national crime information center missing person file, and the Alzheimer's Association Safe Return crisis number, if applicable.
(b) Information not immediately available shall be obtained by the agency and entered into the clearinghouse and the national crime information center file as a supplement to the original entry as soon as possible.
(d) If a local law enforcement agency investigating a report of a missing child or missing person obtains a warrant for the arrest of a person for taking or retaining the missing child or missing person, the local law enforcement agency shall immediately enter the name and other descriptive information of the person into the national crime information center wanted person file if the person meets the center's criteria. The local law enforcement agency shall also enter all available identifying features, including dental records, fingerprints, and other physical characteristics of the missing child or missing person. The information shall be cross-referenced with the information in the national crime information center missing person file.
(e) A local law enforcement agency that has access to the national crime information center database shall cooperate with other law enforcement agencies in entering or retrieving information from the national crime information center database.
(g) On determining the location of a child under Subsection (a)(1) or (2), other than a child who is subject to the continuing jurisdiction of a district court, an officer shall take possession of the child and shall deliver or arrange for the delivery of the child to a person entitled to possession of the child. If the person entitled to possession of the child is not immediately available, the law enforcement officer shall deliver the child to the Department of Protective and Regulatory Services.

Family Code. CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES

Article I

That juveniles who are not under proper supervision and control, or who have absconded, escaped, or run away are likely to endanger their own health, morals, and welfare, and the health, morals, and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative, and protective policies which guide their laws concerning delinquent, neglected, or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

Wrong. Read up on emancipation. If the 17 year old can prove to a family court judge he/she can support him/herself, he will be emancipated.

[sunlover]

Originally Posted by Unregistered Wrong. Read up on emancipation. If the 17 year old can prove to a family court judge he/she can support him/herself, he will be emancipated.

You do realize that less than 1% of all petitions are granted right?

Originally Posted by Unregistered In Texas, is it illegal for a 17 year old girl to have sex with a 22 year old man if the girls father doesnt approve.

In The State Of Texas it dosnt matter what the parent or guardian says the only way u can leaglly have sex with a 17 year old would be marriage license

hmmm...i think age of consent is 17??

....there is no section of the Texas Penal Code that defines "age of consent." Rather, you have to begin in the Sexual Assault Provisions of the TPC.
§ 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
This begs the question- What is a child?

(c) In this section:
(1) "Child" means a person younger than 17 years of age

who is not the spouse of the actor.
Ok. So performing any of the acitivties under (a)(2)(A)-(E) with anyone under 17 (and not your spouse) is illegal in Texas. Doesn't that make many high school students felons? No. Texas has a "Romeo and Juliet" affirmative defense for minors who are within 3 years of age.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.

So, to answer- the age of consent in Texas is 17. An affirmative defense does not bar arrest and prosecution. It is an issue that the defense must raise at trial. However, I would recommend you consult with your attorney before choosing any course of conduct.

what if the girl is 17, has a child of her own and is living by herself with the supervision of her legal guardians but isnt with the father and isnt married? could she still be with a 22 year old man? even if he doenst live with her?

no its not. when you turn 17 it i legal for you to have sex. i know, im seventeen and i live in texas.

Originally Posted by Unregistered what if the girl is 17, has a child of her own and is living by herself with the supervision of her legal guardians but isnt with the father and isnt married? could she still be with a 22 year old man? even if he doenst live with her?

If a girl age 17 already has a child, it's really a moot point to ask this question, isn't it? I mean, you already had sex and a baby is the result. What are the chances mom and dad are going to press charges against the 22 year old?

They obviously weren't too busy parenting in the first place. It's a little late to close the barn door now.