In the state of Texas can a 15 year old date a 22 year old?

Answer 1

There are no dating laws in Texas. However, there are laws concerning sexual contact with minors: statutory rape laws. There is an "affirmative defense" (among others) in Texas when there is sex with someone under 17 if there is "no more than 3 years age difference" including other requirements. This includes an adult with a minor, or 2 minors.

Since there is more than 3 years age difference in this case, sex would be illegal.

There are very few exception in Texas law. Under Section 22.011 of the Texas Penal Code it is illegal for anyone to have sex with someone under 17 unless (know as an affirmative defense): - all must be true-

1 there is no more than 3 years age difference

2 not a registered sex offender

3 the victim must 14 or older

4 of opposite sex

An affirmative defense means:

Sec. 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative defense in this code is so labeled by the phrase: "It is an affirmative defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.

(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.

An exception means:

Sec. 2.02. EXCEPTION. (a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."

(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.

(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

So yes someone that has sex with someone under 17 (even if they have the affirmative defense) can technically be arrested and prosecuted, but since they have the affirmative defense, the state will not prosecute for a charge they can not convict on.

Answer 2

Theres no law against the dating part, but the legal age of consent in Texas is 17.