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Once a person is no longer under the age of 17 they are considered in Texas to be capable of giving consent for sexual activity. The age of consent can range from 14 to 18 years of age across the United States. Some states may have special rules if one of the persons is over the legal age of consent, but under 21. For example, if a 17 year old had consensual sex with a 15 year old it would not be considered statutory rape. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. Assuming that the victim is over the age of legal consent in Nebraska, consent may be a viable defense.16: Pursuant to NRS 200.364(5) the age of consent is 16 years old in Nevada. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or (2) that: (A) the actor was not more than three years older than the victim and at the time of the offense: (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (ii) 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 (B) the victim: (i) was a child of 14 years of age or older; and (ii) 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. Additionally, a person under 17 can legally consent to sex with a person who is no more than 10 years older.16: Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than his spouse. The age of consent varies by state, with most states, including Connecticut, setting it at age 16.18: Having sex with someone under 18, if the offender is over 30, is also considered rape. Maryland’s age of consent law applies differently if the older partner is in a position of trust or authority over the younger partner.16: The justices based their ruling on a Massachusetts law that established the legal age of sexual consent as 16. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code. The law states that so long as the sexual relationship is not otherwise “unlawful” or with a “chaste” individual, an adult may “entice” a minor age sixteen and older to engage in sexual intercourse.16: In Michigan, the age of consent is 16, and people who engage in sexual activity with children who are underage may be convicted of statutory rape (also called criminal sexual conduct). (c) In this section: (1) “Child” means a person younger than 17 years of age.

A “typical” statutory rape offense could carry a prison sentence of 10 years.16: In the District of Columbia, the age of consent for sex is 16 years old. Michigan’s laws also prohibit teachers from engaging in sex with students aged 16 or 17 years old.16: Regardless of the age of the perpetrator, it is always statutory rape in Minnesota if the victim is under the age of 13. (2) “Spouse” means a person who is legally married to another. If the person under the age of consent is between 13 and 16 years old, they can legally consent to sex with someone that is less than 48 months (4 years) older than them.17: It is legal for a person to have sex with someone who is under the age of consent so long as both parties are at least 14 years old and under 21 years old. (3) “Health care services provider” means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. Texas Penal Code Section 21.11 and Penal Code Section 22.011 defines the legal Age of Consent in Texas. Penal Code Section 21.11 prohibits sexual conduct with a child younger than the age of 17 and Penal Code Section 22.011 defines sexual assault of a child and defines a child as anyone under the age of 17.

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