What Is the Legal Age of Consent in Texas?

Understanding age of consent laws is essential for teens, parents, and anyone in a relationship involving a minor. In Texas, the law outlines clear guidelines for the age of consent and details the legal consequences for violations. Here’s what you need to know about the age of consent in Texas, including key legal exceptions and potential penalties.

Texas Age of Consent: The Basics

The legal age of consent in Texas is 17 years old. This means that individuals aged 17 and older are legally allowed to engage in consensual sexual activity with other adults, provided there is no other illegal conduct involved, such as coercion or abuse.

Anyone who engages in sexual activity with someone under the age of 17 may face statutory rape charges, even if the relationship is consensual and both parties willingly participated.

Exceptions: The “Romeo and Juliet” Law

Texas recognizes the complexities of teenage relationships and has implemented a “close-in-age” exemption, often referred to as the Romeo and Juliet law. This exception is designed to prevent consensual teenage couples from facing felony charges simply due to a small age gap.

Under this law, individuals who are no more than three years older than the minor (and at least 14 years old) may be legally exempt from prosecution, provided the relationship is consensual and no other crimes are involved. For example, a 19-year-old and a 16-year-old may legally engage in a relationship without the older party being prosecuted for statutory rape.

It’s important to note that this exception does not apply if the older individual is in a position of authority or trust (such as a teacher, coach, or clergy member) over the younger person.

What If the Relationship Involves Someone Under 14?

Texas law is especially strict when it comes to individuals under the age of 14. There is no legal consent for anyone under this age, and any sexual conduct involving a child younger than 14 is considered aggravated sexual assault of a child, a first-degree felony.

These cases carry extremely serious consequences, including potential life imprisonment, mandatory sex offender registration, and permanent criminal records.

Legal Consequences of Violating Age of Consent Laws

Violating Texas age of consent laws can lead to several criminal charges depending on the circumstances:

• Statutory Rape (Sexual Assault of a Child) – A second-degree felony with penalties of 2 to 20 years in prison and up to a $10,000 fine.
• Aggravated Sexual Assault of a Child – A first-degree felony punishable by 5 to 99 years or life in prison.
• Sex Offender Registration – Convicted individuals may be required to register as a sex offender for life, severely affecting housing, employment, and personal relationships.

A conviction can also result in social stigma, loss of educational and career opportunities, and limitations on child custody rights.

When Should You Contact a Lawyer?

If you or someone you know is involved in a situation where age of consent laws may be a factor, it’s crucial to contact a qualified criminal defense attorney immediately. These cases are often complex, and even unintentional violations can carry lifelong consequences.

An experienced attorney can:

• Help determine whether a close-in-age exemption applies.
• Challenge the evidence and circumstances.
• Negotiate for reduced charges or alternative sentencing options.
• Ensure that your constitutional rights are protected throughout the process.

Conclusion

The legal age of consent in Texas is set at 17 years old, but the law includes specific exceptions and serious penalties for violations. Understanding the nuances of these laws is essential, particularly for teens, young adults, and parents trying to navigate relationships responsibly and legally.

If you have any questions about how the law may apply in a specific case, it’s best to speak with a knowledgeable attorney to avoid unintended legal consequences.