Texas Age of Consent Law

The legal age of consent in Texas is 17 years old. Under Texas law, individuals who are 17 or older can legally consent to engage in sexual activity. People younger than this are deemed incapable of consenting to sex, leading to potential legal repercussions for engaging in sexual activity with them.

The severity of the statutory rape charge depends on the age difference between the two parties involved. For instance, if an adult is accused of having sex with a minor who is more than three years younger, they may be charged with a second-degree felony. In a major Texas city like Houston, this could result in significant prison time, fines, and a mandatory requirement to register as a sex offender.

However, it’s also crucial to note that Texas has “Romeo and Juliet” laws, providing potential legal defenses for individuals close in age who engage in consensual sexual activities. Yet, the complexities of these laws mean they can’t be navigated without professional legal help.

Therefore, if you or someone you know is facing a situation involving the age of consent in Texas, it’s imperative to contact a Texas criminal lawyer immediately. LegalMatch can connect you with a skilled attorney who can provide the necessary guidance and support during these challenging times.

What Can Happen If Someone Underage Has Sex?

If someone under the legal age of consent in Texas engages in sexual activity, the older party can face severe legal consequences. If the minor is under 14 years old, the older party can be charged with indecency with a child. This is a second-degree felony in Texas and can result in penalties, including imprisonment for 2 to 20 years and/or a fine of up to $10,000.

For instance, consider the situation where John, a 20-year-old resident of Houston, Texas, is involved in a relationship with Lisa, a 13-year-old girl. Unaware of the legal implications, they decide to engage in sexual activity. Once discovered, this situation could lead to serious legal repercussions for John.

Despite the mutual agreement to their relationship, Texas law would identify this as an instance of indecency with a child due to Lisa being under the legal age of consent and particularly because she is under 14 years old. John could be charged with a second-degree felony. If found guilty, John might face imprisonment for a term ranging between 2 to 20 years and could also be fined up to $10,000. This example demonstrates the severity of the consequences associated with engaging in sexual activity with a minor under Texas law.

Are There Any Exceptions to the Age of Consent Law?

Yes, there are some exceptions to the age of consent law in Texas. These exceptions are known as “Romeo and Juliet” laws, which provide an affirmative defense to criminal prosecution in cases where both actors are similar in age and the sexual activity is consensual. However, these laws are very specific and vary depending on the type of offense.

Here are some examples of the “Romeo and Juliet” laws in Texas:

• For sexual assault, there is a defense for an actor who is not more than three years older than the victim, as long as the victim was 14 years of age or older and the actor did not use force, threat, or coercion.
• For indecency with a child, there is a defense for an actor who is not more than three years older than the victim and of the opposite sex, who did not use duress, force, or a threat against the victim and was not required to register for life as a sex offender.
• For online solicitation of a minor, there is a defense for an actor who is not more than three years older than the minor, if the minor consented to the conduct.
• For sexual performance by a child, there is a defense for a defendant who is not more than two years older than the child.
• For electronic transmission of certain visual material depicting a minor, there is a defense for an actor who is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense.

These laws are meant to protect young people from being prosecuted for engaging in consensual sexual activities with their peers. However, they are not a guarantee of immunity from legal consequences. If you have any questions or concerns about the age of consent laws in Texas, you should consult with a qualified attorney who can advise you on your specific situation.

Let’s consider a few hypothetical scenarios for a better understanding of the ‘Romeo and Juliet’ laws in Texas:

• Sexual Assault: Tom, a 17-year-old high school senior in a major Texas city like Houston, is dating Tina, who is 14 and in the same school. They engage in consensual sexual activity. Since Tom is less than three years older than Tina and did not use force or threat, he could potentially apply the Romeo and Juliet defense if accused of sexual assault.
• Indecency with a Child: Jerry, a 16-year-old boy, is in a relationship with Janice, a 14-year-old girl. They engage in sexual activities without any duress, force, or threats. Jerry could use the Romeo and Juliet defense if accused of indecency with a child, as he is less than three years older than Janice and of the opposite sex.
• Online Solicitation of a Minor: Adam, who is 18, meets 15-year-old Eve online, and they have explicit sexual conversations. Because Adam is less than three years older than Eve and their interaction was consensual, he could apply the Romeo and Juliet defense if charged with online solicitation of a minor.
• Sexual Performance by a Child: Consider 17-year-old Mark, who films his 16-year-old girlfriend, Lisa, in a sexually explicit act. If accused of compelling a sexual performance by a child, Mark could potentially use the Romeo and Juliet law in his defense because he is less than two years older than Lisa.
• Electronic Transmission of Certain Visual Material Depicting a Minor: Suppose 16-year-old Mary sends a sexually explicit image of herself to her 17-year-old boyfriend, John. Should John face charges for possession of explicit images of a minor, he could use the Romeo and Juliet defense, given that he and Mary are less than two years apart in age and were in a dating relationship at the time of the offense.

While these scenarios provide potential defenses, they don’t guarantee immunity from prosecution. It’s critical to consult with a Texas criminal lawyer to understand all the legal nuances and consequences. Reach out to a seasoned professional via LegalMatch for the best advice based on your circumstances.

Do I Need a Texas Lawyer?

If you are involved in a case related to the age of consent in Texas, such as those seen in major Texas cities like Houston, it is crucial to consult with a Texas criminal lawyer. LegalMatch can assist you in finding the right attorney to navigate these complex legal issues.

Our platform provides a secure, easy-to-use method to match you with a local, experienced lawyer who can help. Use LegalMatch to learn more and begin your search for the right legal representation.