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Yes, it is illegal to have sex with a person not at least 18 years old. So as of now having sex (you being 17) she is breaking that law as well. Just because each of you are minors that does not make it legal. Once you are 18 it would still be illegal for you to have sex with her. However, the Romeo and Juliet. Texas statutory rape law is violated when a person has consensual sexual intercourse with an individual under age While there is Texas does not have a close-in-age exemption. Similarly, no protections are reserved for sexual relations in which one participant is a 16 year old and the second is a 17 or 18 year old.