The age of consent in Texas is 17, so the relationship itself isn’t illegal, but authorities discovered that the student had sent Leiva nude photos of herself.
It’s unclear why there is a discrepancy between the age restrictions for these actions, but it could have to do with the evolution of who is considered a minor.
A proposed draft of the penal law from 1970 defines a minor as someone under 16, a 1972 draft says under 17, and today, a minor is someone under 18.
Statutory Rape, also called Sexual Assault of a Child, if the child is under the age of 17 and Aggravated Sexual Assault if the child is under the age of 14, is a sexual act in which the victim is not recognized under the law as being old enough to manifest consent to a sexual act.
The Importance is that even if the victim gives actual consent to the act of sex, the law maintains that when the victim is under the "age of consent" (16 in most states), the law regards the victim as not old enough to give consent to sex.
After trial, probation is not available as a sentencing option if the crime was committed after the 1st of September 2008.
Therefore, aggressive and thorough preparation and defense is essential with your lawyer and a defense team able to mount the proper defense.So how is the having a sexual relationship okay, but a picture isn’t? 22.011 of the Texas Penal Code, which covers sexual assault, defines a child as “a person younger than 17 years of age.” But Section 43.26 says defines child pornography as “visual material that visually depicts a child younger than 18 years of age …engaging in sexual conduct.” Sexual conduct includes “lewd exhibition,” so a nude photo of a 17-year-old is illegal, even though having sex with them is not.Reporting Child Abuse Anyone “having cause to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect” must report the case to any state or local laws enforcement agency and to the Department of Protective and Regulatory Services.Failure to report suspected child abuse or neglect is punishable by imprisonment of up to 180 days and/or a fine of up to 00.Dating Violence Law in Texas – Youth Access to Protective Orders and Sensitive Services Ending the Violence: How to Obtain a Texas Protective Order Guide to Addressing Dating Violence in Schools This guide includes school-based alternatives to protective orders, training for teachers and administrators, counseling for affected students, awareness education for students and parents/guardians, and other ways Texas schools can address dating violence, as required by Texas law.