“She is a minor child under the age of consent (17) and there is no exemption from prosecution even if both parties are under the age of consent.”
From the Texas Penal Code, section 22.011 on sexual assaults:
“(e) It is an affirmative defense to prosecution under Subsection (a)(2):
(1) that the actor was the spouse of the child at the time of the offense; or
(2) that:
(A) the actor was not more than three years older than the victim and at the time of the offense”
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.22.htm
Here’s what I was looking at:
http://www.age-of-consent.info/states/Texas
First thing that came up on Bing.