A 20-year-old man who was spotted having consensual sex with an underage girl was arrested early Sunday morning on a felony charge of indecency with a child, Waco police Sgt. W. Patrick Swanton said.
Johntrayious Austin, 20, of Waco, was arrested after a security officer patrolling a North Waco apartment complex saw two people having sex in a car at about 1:30 a.m.
Police were notified and determined that although Austin and the girl were both willing participants, the girl could not give legal consent because she was under the age of 17, Swanton said.
Austin was arrested on a second-degree felony charge of indecency with a child and was taken to McLennan County Jail. He remained jailed Monday evening with a bond listed at $10,000.