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Age of Consent: Criminal Code
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The age of consent in Texas is 17 {Texas Penal Code Section 21.11}. However , "...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender {Section 21.11(b)}.
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The debate surrounding the age of consent raises the broader point of the role of the criminal law. Some argue that the function of the criminal law is to preserve public order and decency, but not to intervene in the private lives of citizens or seek to enforce any particular form of behaviour. However, others argue that the criminal law has a responsibility to prevent harm to society stemming from the moral disintegration of society, and the law therefore can intervene in both the private and public lives of individuals to uphold the shared morality of society. This issue is addressed in Part 5.0 - Philosophical/ethical issues.
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This proposal (not surprisingly) ... neglects the realities of queer youth, who often date outside of their age group because of their limited social spaces. And as with most legislation that attempts to criminalize certain sexual behaviours, the law will be primarily used against those in non-normative relationships (read: queer youth).
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