Facing sex crime charges can destroy your reputation, career, and future.
One misunderstanding about Texas age of consent laws could lead to decades in prison and mandatory sex offender registration.
Many people believe the age of consent is 18 everywhere in the United States, but Texas law sets the age of consent at 17 with several important exceptions that could mean the difference between legal conduct and serious felony charges.
At the Law Offices of Richard C. McConathy, we have extensive experience defending clients facing sex crime allegations in Dallas and throughout North Texas.
If you’re facing charges related to age of consent violations, contact our Dallas criminal defense lawyers today for immediate legal guidance.
What Is the Age of Consent in Texas?
Under Texas law, the age of consent is 17 years old. This means individuals who are 17 or older can legally consent to sexual activity with other consenting adults. The law serves a vital purpose: protecting minors from sexual exploitation while recognizing that not all relationships involving minors are predatory, which is why Texas has created specific exceptions for certain situations.
| State | Age of Consent | Close-in-Age Exception |
|---|---|---|
| Texas | 17 | Yes (3-year rule) |
| Oklahoma | 16 | Yes (under specific conditions) |
| Arkansas | 16 | Yes (3-year rule) |
| Louisiana | 17 | Yes (3-year rule) |
| New Mexico | 16 | Yes (4-year rule) |
It’s important to note that federal law can sometimes override state law. In cases involving interstate travel, online communication across state lines, or activities on federal property, the federal age of consent of 18 may apply instead of Texas’s 17-year-old standard.
Texas Age of Consent Exceptions
The Romeo and Juliet Law in Texas
Texas recognizes that consensual sexual relationships between teenagers shouldn’t necessarily result in criminal charges. The “Romeo and Juliet” law provides a close-in-age exemption when:
- The younger person is at least 14 years old
- The age difference is no more than 3 years
- The conduct is consensual with no force, threat, or coercion
Hypothetical Scenario: Sarah, 16, is dating Jake, 18. Under Texas law, their consensual sexual relationship is legal because Jake is less than 3 years older than Sarah, and she’s over 14. However, if Sarah were 13, Jake could face serious criminal charges regardless of consent.
Important limitations of the Romeo and Juliet law:
- It doesn’t apply to registered sex offenders
- It doesn’t override other criminal prohibitions (such as indecency in public)
- It only applies to consensual conduct
- Both parties must be of the opposite sex under current Texas law
Marriage Exception
Texas law recognizes that legally married minors can consent to sexual activity with their spouse. However, Texas has safeguards to prevent abuse:
- Marriage licenses for minors require court approval
- Judges must determine that the marriage is in the minor’s best interest
- Coercion in obtaining the marriage invalidates this exception
Other Exceptions and Affirmative Defenses
Texas Penal Code provides additional affirmative defenses for certain age of consent violations:
- Spouse at time of offense: If the defendant was married to the alleged victim when the conduct occurred
- Close-in-age defense: The defendant was not more than 3 years older than the victim, and the victim was at least 14 years old
Penalties for Violating Texas Age of Consent Laws
⚠️ Even without aggravating factors, a conviction can bring decades in prison, heavy fines, and lifetime sex offender registration.
Sexual Assault of a Child
When an adult engages in sexual conduct with a minor under 17 (outside the Romeo and Juliet exception), they face charges of Sexual Assault of a Child. This second-degree felony carries:
Penalties:
- Prison: 2 to 20 years in state prison
- Fines: Up to $10,000
- Sex offender registration: Lifetime requirement
- Probation: If granted, extensive monitoring and conditions
Aggravated Sexual Assault of a Child
More serious charges apply when the sexual assault involves additional aggravating factors such as:
- Use of a deadly weapon
- Serious bodily injury to the victim
- Threats of death or serious injury
- Administration of drugs without knowledge
Aggravated Sexual Assault of a Child is a first-degree felony punishable by:
- 5 to 99 years or life in prison
- Up to $10,000 in fines
- Mandatory sex offender registration
Other Related Charges
Age of consent violations can also result in related charges:
- Online Solicitation of a Minor (Texas Penal Code 33.021)
- Indecency with a Child (Texas Penal Code 21.11)
- Continuous Sexual Abuse of a Child (Texas Penal Code 21.02)
Sex Offender Registration Requirements
Conviction for age of consent violations typically requires lifetime registration as a sex offender under the Texas Code of Criminal Procedure Chapter 62. This creates long-term consequences, including:
Lifelong Restrictions:
- Housing: Cannot live within 1,000 feet of schools, playgrounds, or youth centers
- Employment: Severely limited job opportunities
- Internet: Restricted online activities and social media use
- Travel: Must notify authorities before traveling
- Community notification: Public database listing with photo and address
Defenses to Age of Consent Charges in Texas
Mistake of Age Defense
Texas law recognizes mistake of age as a potential defense, but it’s extremely difficult to prove. The defendant must show they reasonably believed the alleged victim was 17 or older based on:
- The victim’s physical appearance
- Statements made by the victim about their age
- Circumstances that would lead a reasonable person to believe the victim was of legal age
Hypothetical Scenario: Marcus meets Jennifer at a 21+ nightclub where she presents what appears to be valid identification showing she’s 19. Later, he discovers she’s actually 16 with a fake ID. The mistake of age defense might apply if Marcus can prove his reasonable reliance on the false identification.
Mistake of age is not a defense if:
- The victim was younger than 14
- The defendant failed to take reasonable steps to verify age
- The circumstances indicated that the victim was underage
Entrapment Defense
Law enforcement entrapment occurs when police officers or informants induce someone to commit a crime they wouldn’t have otherwise committed. In age of consent cases, this might involve:
- Undercover officers posing as minors online
- Excessive persuasion or coercion by law enforcement
- Creating opportunities for criminal behavior that wouldn’t naturally occur
Lack of Evidence or Mistaken Identity
Prosecutors must prove guilt beyond a reasonable doubt. Common evidence challenges include:
- Insufficient physical evidence
- Unreliable witness testimony
- Problems with forensic evidence
- Mistaken identity in online communications
- Consensual adult relationship mistakenly reported as involving a minor
No Sexual Contact or Penetration
The specific charges depend on the type of alleged contact. Defenses may include:
- No sexual contact occurred
- Contact was accidental or non-sexual in nature
- Conduct doesn’t meet the legal definition of the charged offense
Federal Law vs. Texas Law
While Texas sets the age of consent at 17, federal law becomes relevant in certain circumstances:
Federal jurisdiction applies when:
- Crossing state lines for sexual activity with a minor
- Using the internet to solicit minors across state lines
- Activity occurs on federal property (military bases, national parks)
- Interstate transportation of minors for sexual purposes
Under federal law, the age of consent is 18 for most purposes. Federal penalties are often more severe than state charges and may include:
- Longer mandatory minimum sentences
- Enhanced penalties for repeat offenders
- Federal sex offender registration requirements
⚖️ Federal cases often carry harsher sentences and apply a uniform age of consent of 18, overriding state law in certain circumstances.
Why Understanding the Age of Consent Is Important
Preventing Legal Trouble for Teens and Young Adults
Education prevents criminalization. Many young people engage in age-gap relationships without knowing the legal risks. Common misconceptions include:
Myth vs. Fact:
Importance of Education for Parents, Guardians, and Youth
Parents must understand these laws to:
- Guide their teenagers about legal relationships
- Recognize warning signs of potentially illegal relationships
- Know when to seek legal help if their child faces charges
- Understand reporting requirements in certain situations
According to the Texas Department of Public Safety, sex crimes against children continue to be a priority for law enforcement, with hundreds of arrests each year for age of consent violations.
How Our Dallas Criminal Defense Lawyers Can Help
The Law Offices of Richard C. McConathy has over 35 years of experience defending clients against sex crime charges in Dallas County and throughout North Texas. Our experienced team understands the complexities of these cases and the serious consequences you face.
Our strategic approach includes:
- Immediate case evaluation to identify weaknesses in the prosecution’s evidence
- Thorough investigation of all circumstances surrounding the allegations
- Expert witness consultation on forensic evidence and psychological factors
- Aggressive pre-trial motions to suppress evidence or dismiss charges
- Skilled trial advocacy when cases go to court
We understand that sex crime allegations can destroy lives even before a conviction. That’s why we work quickly to:
- Prevent formal charges when possible
- Minimize media exposure and public embarrassment
- Protect your employment and professional licenses
- Preserve family relationships and custody arrangements
Contact Our Dallas Criminal Defense Lawyers Today
Sex crime charges demand immediate action. Every day you wait gives prosecutors more time to build their case against you.
The sooner you contact an experienced criminal defense attorney, the better we can protect your rights and build your defense.
The Law Offices of Richard C. McConathy offers aggressive representation for clients facing age of consent violations and all sex crime charges throughout the Dallas-Fort Worth area. We understand the stakes—your freedom, reputation, and future are all on the line.
Don’t face these charges alone. Contact our office today to schedule a confidential consultation and learn how we can help protect your future.
If you’re facing charges involving age of consent laws in Texas, contact us at 197-230-38867 right away. Our experienced Dallas criminal defense attorneys will move quickly to protect your rights, your reputation, and your future.
Frequently Asked Questions
What is the Romeo and Juliet law in Texas?
The Romeo and Juliet law provides a close-in-age exemption that protects certain consensual relationships from criminal prosecution. It applies when the younger person is at least 14, the age difference is 3 years or less, and no force or coercion is involved.
Can a 17-year-old date a 21-year-old in Texas?
Yes, a 17-year-old can legally consent to sexual activity with a 21-year-old in Texas since 17 is the age of consent. However, other factors like the relationship dynamics and circumstances could still create legal issues.
What happens if both people are under the age of consent?
When both parties are under 17, the Romeo and Juliet law may still apply if both are at least 14 and within 3 years of age. However, both could potentially face charges depending on the specific circumstances.
Does Texas have a close-in-age exemption?
Yes, Texas has a close-in-age exemption (Romeo and Juliet law) that allows consensual sexual conduct between minors who are at least 14 years old and no more than 3 years apart in age.
What is the punishment for statutory rape in Texas?
Texas doesn’t use the term “statutory rape” but charges similar conduct as Sexual Assault of a Child, a second-degree felony punishable by 2-20 years in prison, up to $10,000 in fines, and mandatory sex offender registration.