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Read my post again. It's 18 for age of consent for conduct.mojo84 wrote: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.
Keith B wrote:Read my post again. It's 18 for age of consent for conduct.mojo84 wrote: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.
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 wrote:Keith B wrote:Read my post again. It's 18 for age of consent for conduct.mojo84 wrote: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.
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 wrote: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 wrote:Keith B wrote:Read my post again. It's 18 for age of consent for conduct.mojo84 wrote: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.
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.
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 wrote:
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;
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 wrote: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.
Keith B wrote: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;
if it was a teacher and a high school student it would be illegal even if the student was 18.mojo84 wrote:Keith B wrote: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.
jmra wrote:if it was a teacher and a high school student it would be illegal even if the student was 18.mojo84 wrote:Keith B wrote: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.
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;mojo84 wrote:jmra wrote:if it was a teacher and a high school student it would be illegal even if the student was 18.mojo84 wrote:Keith B wrote: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.
Exactly. Band director, two female students, motel room and alcohol. Totally different.