Could a 16 year old from Scotland date a 19 year old from Texas if nothing sexual is in the relationship until the 16 year old is 17?
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Executive summary
A 16‑year‑old in Scotland can legally consent to sex under Scots law, but Texas sets the age of consent at 17, so sexual activity involving a 19‑year‑old who is subject to Texas law while the younger partner is still 16 could create criminal liability (govt/health guidance for Scotland; Texas statutes and commentary) [1][2]. If the couple keeps the relationship non‑sexual until the younger partner turns 17 and any sex occurs when both are 17+ under Texas law, the core statutory consent issues described in the available guidance would not arise, though practical risks and cross‑jurisdictional complications remain [1][2].
1. Scotland’s starting point: consent at 16, legal protection emphasized
Under Scots law the clear rule reported across official guidance is that the legal age at which a person can consent to most sexual activity is 16, and children under 13 are incapable of consenting at all; government and health resources stress consent, capacity and protection in relationships involving young people (Young Scot; gov.scot; NHS information) [3][1][4]. Those Scottish materials repeatedly frame the rules as protective — not punitive towards consensual peers — and they underline that consent requires understanding and equality in decision‑making (Young Scot; Lanarkshire Sexual Health) [5][6].
2. Texas law: consent at 17, with narrow defenses for close ages
Texas law and practitioner guides report the age of consent is 17 and that sex with someone younger can be a serious statutory offense even if the younger person seemed to agree; Texas also has “Romeo‑and‑Juliet”‑style provisions that can operate as defenses in some close‑in‑age cases but they are statutory exceptions with specific limits and are not a blanket safe harbor (LawInfo; Scheiner Law guide; Texas library overview) [7][2][8]. In short, a 19‑year‑old engaging in sexual activity with a 16‑year‑old could face prosecution under Texas statutes depending on the precise facts and which statutory exceptions, if any, apply [2][7].
3. Geography and jurisdiction change the legal picture materially
The simple social idea of “dating” across borders collides with where sexual acts occur and which jurisdiction’s laws apply: sex that takes place in Scotland between a 16 and 19‑year‑old would not run afoul of Scots age‑of‑consent rules, while the same conduct occurring in Texas could be unlawful given Texas’s 17‑year threshold (gov.scot; Scheiner Law) [1][2]. The reporting provided does not comprehensively map cross‑border criminal exposures such as travel, communications, or interstate transport laws; those areas require jurisdiction‑specific criminal practice guidance that is not present in these sources (limitation in reporting).
4. Sexual contact, images and non‑intercourse activity can carry risk
Scots guidance and NHS materials make clear that “sex” is defined broadly for legal purposes and that image‑based abuse and other intimate conduct are separately regulated; similarly, Texas law and commentary note that sexual contact is not limited to intercourse and that statutes can criminalize touching or lewd conduct with minors (Young Scot; NHS; LawInfo) [3][4][7]. Therefore a plan to “keep things non‑sexual” must account for how jurisdictions define sexual activity, and both sides should beware of sharing sexual images or engaging in any contact that could be construed as sexual while age thresholds differ [4][7].
5. Practical and ethical considerations beyond statute
Even where conduct is legal in one place, power dynamics, consent capacity, and safeguarding are central themes in the Scottish guidance and in public health advice; authorities frame the age limits as protective and advise adults and professionals to be alert to exploitation or unequal power in age‑discrepant relationships (Young Scot; gov.scot) [5][1]. The provided sources emphasize welfare and prevention messaging rather than punishing consensual peer activity, and that perspective should inform how those involved navigate the relationship [5][1].
Conclusion: the narrow legal answer and the caveats
Legally, if all sexual activity is deferred until the younger partner is 17 and any sex occurs in or under the law of Texas, the statutory‑consent conflict described in the sources would be resolved because both would then be above Texas’s 17 threshold and Scotland’s 16 threshold already permits sex at 16 [2][1]. However, if sexual activity occurs while the person from Scotland is still 16 and Texas law applies (for example, acts occurring in Texas or where Texas criminal law can be implicated), a 19‑year‑old could face criminal exposure despite Scottish permission; additionally, image‑sharing, touching and other non‑intercourse conduct may be treated as sexual under law and carry risk in either jurisdiction [2][4][7]. The sources do not provide a full account of cross‑border criminal procedure, travel‑related offenses or prosecutorial discretion, so definitive assurance about every factual scenario cannot be drawn from this reporting alone (limitation in reporting).