19 yr old girl and 15 yr old boy

[Keith B]

I didn't see where the teens were putting on a "performance". They were just having sex and I thought 17 was the age of consent for that.

Read my post again. It's 18 for age of consent for conduct.

[mojo84]

I didn't see where the teens were putting on a "performance". They were just having sex and I thought 17 was the age of consent for that.

Read my post again. It's 18 for age of consent for conduct.

I read it again and it still appears to be regarding sexual conduct involved in a performance as that is what that section is addressing.

Apparently, there are a lot of attorneys that disagree with you. There are also some that have a similar opinion. Read my post again. I said it isn't as cut and dried as I and others think. If it was, there wouldn't be so many different opinions.

I'd like to see the opinion of a qualified attorney if I was the op and wouldn't rely on what is said here on this subject.

[Keith B]

I didn't see where the teens were putting on a "performance". They were just having sex and I thought 17 was the age of consent for that.

Read my post again. It's 18 for age of consent for conduct.

I read it again and it still appears to be regarding sexual conduct involved in a performance as that is what that section is addressing.

Apparently, there are a lot of attorneys that disagree with you. There are also some that have a similar opinion. Read my post again. I said it isn't as cut and dried as I and others think. If it was, there wouldn't be so many different opinions.

I'd like to see the opinion of a qualified attorney if I was the op and wouldn't rely on what is said here on this subject.

Nope, it says 'sexual conduct OR sexual performance', not and. Here is an article on it as well http://www.houstoncriminaldefender.com/ ... -in-texas/" onclick="window.open(this.href);return false;

[mojo84]

I didn't see where the teens were putting on a "performance". They were just having sex and I thought 17 was the age of consent for that.

Read my post again. It's 18 for age of consent for conduct.

I read it again and it still appears to be regarding sexual conduct involved in a performance as that is what that section is addressing.

Apparently, there are a lot of attorneys that disagree with you. There are also some that have a similar opinion. Read my post again. I said it isn't as cut and dried as I and others think. If it was, there wouldn't be so many different opinions.

I'd like to see the opinion of a qualified attorney if I was the op and wouldn't rely on what is said here on this subject.

Nope, it says 'sexual conduct OR sexual performance', not and. Here is an article on it as well http://www.houstoncriminaldefender.com/ ... -in-texas/" onclick="window.open(this.href);return false;

I saw that article plus some that contradict it. Here is one example.

http://www.legalmatch.com/law-library/a ... nsent.html" onclick="window.open(this.href);return false;

[Keith B]

I saw that article plus some that contradict it. Here is one example.

http://www.legalmatch.com/law-library/a ... nsent.html" onclick="window.open(this.href);return false;

Actually, it doesn't contradict it. That article you linked to is talking about sexual assault (statutory rape), which is TPC 22.011. The person cannot be charged with sexual assault if the person is 17 or are within the age parameters and were consenting, but they CAN be charged under 43.25 as well as the guardians who allowed it to occur.

[mojo84]

I agree there was an offense committed in the op by the older of the two sexual partners and the parents and guardians if they knew the ages.

I am only challenging your disputing the age of 17 being the age of consent for sex in Texas. I still believe it is 17 for two to have sex and 18 for participants that are encouraged, employed or promoted by adults to perform sexual activity and conduct.

[Keith B]

I agree there was an offense committed in the op by the older of the two sexual partners and the parents and guardians if they knew the ages.

I am only challenging your disputing the age of 17 being the age of consent for sex in Texas. I still believe it is 17 for two to have sex and 18 for participants that are encouraged, employed or promoted to perform sexual activity and conduct.

We'll just have to agree to disagree. Conduct is clearly defined in the statute, does not specify performance and does not state the person has to be over 18 that engages the child under 18.

[mojo84]

Fair enough. Maybe a qualified attorney will chime in.

[Keith B]

Found case law. It is between an adult and a 17 yo, but 43.25 is DEFINATELY not limited to the performance portion and conduct only is sufficient to be convicted http://law.justia.com/cases/texas/thirt ... 14000.html" onclick="window.open(this.href);return false; and http://www.texasbarcle.com/materials/di ... /18038.pdf" onclick="window.open(this.href);return false;

[A-R]

Keith B

I don't know who's right or wrong (IANAL) but you've certainly opened my eyes to a possibility about which I hadn't previous been aware.

[mojo84]

Found case law. It is between an adult and a 17 yo, but 43.25 is DEFINATELY not limited to the performance portion and conduct only is sufficient to be convicted http://law.justia.com/cases/texas/thirt ... 14000.html" onclick="window.open(this.href);return false; and http://www.texasbarcle.com/materials/di ... /18038.pdf" onclick="window.open(this.href);return false;

Keith, I haven't read the entire case but that case involves a teacher/band director and students. That is a different scenario entirely. A teacher has an inordinate amount of influence over a student.

In the second case, the guy "hired" the boys and recorded them while they were "on the clock" and they performed sexual acts. This too is a totally different scenario.

[jmra]

Found case law. It is between an adult and a 17 yo, but 43.25 is DEFINATELY not limited to the performance portion and conduct only is sufficient to be convicted http://law.justia.com/cases/texas/thirt ... 14000.html" onclick="window.open(this.href);return false; and http://www.texasbarcle.com/materials/di ... /18038.pdf" onclick="window.open(this.href);return false;

Keith, I haven't read the entire case but that case involves a teacher/band director and students. That is a different scenario entirely. A teacher has an I ordinate amount of influence over a student.

if it was a teacher and a high school student it would be illegal even if the student was 18.

[mojo84]

Found case law. It is between an adult and a 17 yo, but 43.25 is DEFINATELY not limited to the performance portion and conduct only is sufficient to be convicted http://law.justia.com/cases/texas/thirt ... 14000.html" onclick="window.open(this.href);return false; and http://www.texasbarcle.com/materials/di ... /18038.pdf" onclick="window.open(this.href);return false;

Keith, I haven't read the entire case but that case involves a teacher/band director and students. That is a different scenario entirely. A teacher has an I ordinate amount of influence over a student.

if it was a teacher and a high school student it would be illegal even if the student was 18.

Exactly. Band director, two female students, motel room and alcohol. Totally different.

[mojo84]

I'm talking about the legality of a scenario similar to a 19 or 21 ir 25 year old having sex with a 17 year old. Or maybe an 18 year old having sex with a 16 year old.

By the way, I am not talking about the moral side of it and whether or not I condone it. Just talking about the legality of it.

[Keith B]

Found case law. It is between an adult and a 17 yo, but 43.25 is DEFINATELY not limited to the performance portion and conduct only is sufficient to be convicted http://law.justia.com/cases/texas/thirt ... 14000.html" onclick="window.open(this.href);return false; and http://www.texasbarcle.com/materials/di ... /18038.pdf" onclick="window.open(this.href);return false;

Keith, I haven't read the entire case but that case involves a teacher/band director and students. That is a different scenario entirely. A teacher has an I ordinate amount of influence over a student.

if it was a teacher and a high school student it would be illegal even if the student was 18.

Exactly. Band director, two female students, motel room and alcohol. Totally different.

Student/teacher relationship is defined in 21.12. http://law.onecle.com/texas/penal/21.12.00.html" onclick="window.open(this.href);return false;

In the case law the defendant was trying to get out of the additional charge of 43.25. Location and how they were enticed is irrelevant.