Asked 8/27/2016 – Houston, TX

I’ll be turning 17 on January. But were having trouble with his ex which is the mom of his baby he had before we were together we’ve been dating for some months and neither of us have a reason to break up (in other words we want to stay together) my parents are aware that I am dating him. What would happen if we do go to court? Could we in anyway push the date further back when I turn 17 so it’s better?

Answer

Any sexual contact between a 16 year old and a 21 yer old is illegal (see Texas Penal Code Section 22.011 – Sexual Assault and Section 21.11 – Indecency with a Child). Turning 17 will not make the potential for criminal charges disappear; any offense happened when it happened. The fact your parents are aware of your relationship is also irrelevant. The only was sexual contact between a person 16 and a person 21 is legal is if they are married.