have a 16 year old who has been emancipated by the court and is found to be having sex with someone in their 30s. Is emancipation a defense in this case.

are they married?
common law?
then yes see 22.011(e)

they are not married nor common law.

I don't see how it would make a difference. Being emancipated doesn't mean you can go out and legally buy a gun or a 6-pack. I think all it just means is that you have the legal capacity to contract and manage your own affairs without parental say so. It frees you from your parents, but also frees them of any responsibility to you.

Then it is still against the law.