Asked 6/23/2016 – Dallas, TX

So I was 25 at the time she was 17, she was madly in love with me and I was as well. Here’s where it get crazy her dad is a law enforcement officers at the local police department. Her phone was under his name so he took it away from her and put it on a Cellebrite machine with allows the user to see all deleted text messages including all pictures messages sent and received. After that night he knew everything there was to know, we had already been dating for 2 or 3 months. So she worked out a deal with her dad and went to rehab for like 5 months for smoking pot and if she completed the rehab program and stop talking to me he would not open the investigation against me. She out now and almost 18 next month I need to get back together with her but she says that her dad will file charges of we get back together, I’ve done my research on statutory rape and I don’t think there is a case here since we live in Texas and she was 17 the first time was had intercourse, however her dad told her and me that since I was older than 20 (more than 3 years older than her) he could file charges at any time until she turns 28. If we get back together do I need to be worried about facing charges?

Answer

As long as this girl lives in her father’s home, leave her alone. You may date her when she moves out and is on her own. The legal question deals with the nature of the texts and pictures on the phone, and if they constituent pornography. You probably don’t want to go to court to find out.