That is 1 not more than 3 years older 2 not a registered sex offender 3 the victim must be 14 or older 4 of opposite sex to someone having sex with someone under 17.An affirmative defense means that the defendant must show evidence of the affirmative defense as listed in the penal code.
But there is an affirmative defense that allows someone to have sex with someone under 17. The law in Texas is that you have to be at least 17 to consent to sex.One family in Georgia experienced the importance of being careful of the law.Genarlow Wilson, 17, engaged in oral sex with a consenting 15-year-old girl and was convicted of aggravated child molestation.There you can find that in the state of Georgia, "a person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and is not his or her spouse." The law goes on to spell out that "if the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor." This means that a 17-year-old convicted of having sexual contact with a 14-year-old in Georgia, would be guilty of a misdemeanor.
It is normal for older teens to be attracted to younger teens, but parents and teens should be aware of certain stipulations in the law.
However, each state has its own laws that define the age of consent, or the time when a person is old enough "to willingly engage in a sexual act." Be aware of the legal age of consent in your state.
All states set the age of consent from 14 to 18; in more than half of the states, the age is 16.
It is the job of parents in this endeavor to be informed about laws that could affect the choices that they help their young people make to ensure that their first experiences with dating are positive and safe.
In general, minors are considered to be people who are under 18 years of age; at 18, people assume most adult legal rights except for the purchase of alcoholic beverages.
If a married couple engages in sexual conduct, and one of the spouses is not 16, that is generally allowed and not prosecutable.