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And he would be considered the victim if the other person was 18 or older, he said.
"If he has sex with someone who is younger by just days but is still 13 years old, he could be charged with one of the most serious offenses we have," he said.
She said similar cases seem to be on the rise over the past few years.
Gravois was not familiar with the teen's legal battle and spoke generally about those types of cases.
"You would think the law would be more sympathetic as you go younger, because both parties are immature." At a Glance Age of Consent: 17Romeo and Juliet law: In Texas, the law provides a legal defense for consensual sex between a minor who is 14 or older but still under the age of consent (14, 15 or 16) and someone older who is within three years of that age.
Criminal responsibility: A person has to be at least 10 years old to be charged with a crime.
A 14-year-old junior high student is facing the possibility of life as a registered sex offender after being arrested for having sex with his 12-year-old girlfriend, according to his attorney.
The teen, who was in seventh grade, is charged with aggravated sexual assault of a child. "He had consensual sex with his little girlfriend and he loved her.
more Friendswood Number of registered sex offenders: 7Ratio to population: Friendswood has 1 sex offender for every 5,703 people.
NOTE: The number of people with a Friendswood mailing address is larger than the number of people living within Friendswood city limits.
Experts said charges being filed for a consensual sexual relationship between minors is not unusual in Harris County, even for teens and tweens.