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"Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
"Family violence" means:(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or(3) dating violence, as that term is defined by Section 71.0021.
This offense is a second degree felony, and penalties include at least two (and up to 20) years in prison and fine not to exceed ,000. Indecency with a child involves sexual contact (sexual touching other than penetration, even over clothing, that is meant to arouse or gratify sexual desire) between a minor who is younger than 17 and a defendant who is three or more years older than the victim.
(a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:(1) is committed against a victim or applicant for a protective order:(A) with whom the actor has or has had a dating relationship; or(B) because of the victim's or applicant's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.(b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. In Texas, there is a Romeo and Juliet exemption for consensual sex between a minor who 14, 15, 16, or 17, and an opposite-sex partner who is three or fewer years older than the minor.Texas's Romeo and Juliet exception does not apply to same-sex situations.And some states, including Texas, differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.Though statutory rape does not require that the prosecutor prove force or violence, it is still rape.
The marital defense is a remnant of the marital rape exemption.