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Individuals aged 16 or younger in Texas are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Texas statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 17.

While there is no close in age exemption, defenses exist when the offender was no more than 3 years older then the victim and of the opposite sex.

sexual intercourse between an employee of a school and a student is also prohibited, unless they are married, and no age of consent is specified in this law. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.

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Minors may consent to any treatment if in military or 16 years old and living apart from parents.(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, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life as a sex offender; or (B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section; and (2) the victim was a child of 14 years of age or older. (b) In this section: (1) "Child" has the meaning assigned by Section 22.011(c). In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.The parents are arguing that the laws — which lump underage sex among teenagers into the same category as pedophiles and violent sexual offenders — impose punishments on their children that do not fit the crime.In a particularly poignant example, an 18-year-old high school senior was arrested for having sex with his freshman girlfriend at the same high school.

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