What Is the Legal Age of Consent in Texas?

Whether you’re a parent, young adult, or facing allegations, understanding Texas age of consent laws is critical. Violations carry severe penalties, including prison time and mandatory sex offender registration.

At HGC Law Firm PLLC, our Texas criminal defense attorneys aggressively defend clients throughout the state facing sex crime charges. Call (210) 222-9132 or contact us online for immediate legal guidance.

What Are Texas Age of Consent Laws?

The legal age of consent in Texas is 17 years old. Individuals who are 17 or older can legally consent to sexual activity. Anyone under 17 cannot legally consent, regardless of whether they verbally agreed or willingly participated.

Sexual contact with someone under 17 can result in felony criminal charges, even in relationships that both parties consider consensual. Under Texas Penal Code Section 22.011, sexual assault occurs when someone engages in sexual contact with a child under 17 who is not their spouse.

Important: Even if a minor misrepresents their age, appears older, or uses a fake ID, adults can still face prosecution. Mistake of age is generally not a valid defense under Texas law.

Romeo and Juliet Law: Close-in-Age Exceptions

Texas recognizes that consensual relationships between teenagers close in age should be treated differently. The Romeo and Juliet law provides an affirmative defense when all of these conditions are met:

• The defendant is no more than three years older than the alleged victim
• The alleged victim is at least 14 years old
• The conduct did not involve force, threat, or coercion
• The relationship was consensual aside from age
• Neither party is a registered sex offender

Protected Relationships Include:

• An 18-year-old and a 15-year-old
• A 19-year-old and a 16-year-old
• A 17-year-old and a 14-year-old

Critical: This is an affirmative defense, meaning you can still be arrested and charged. A Texas criminal defense attorney must actively raise and prove this defense in court. Prosecutors in Bexar County still pursue these cases aggressively.

Sex Offender Registration Exemption

A separate provision allows offenders aged 19 or younger to potentially avoid sex offender registration if the victim was at least 15 and the age difference is no more than four years.

Criminal Penalties for Age of Consent Violations

Violating Texas age of consent laws can result in some of the most serious criminal penalties in the state. The consequences extend far beyond prison time and can permanently alter every aspect of your life.

Second-Degree Felony (2-20 years):

• Sexual assault of a minor aged 14-16
• Indecency with a child involving sexual contact
• Up to $10,000 in fines

First-Degree Felony (5-99 years):

• Aggravated sexual assault of a child under 14
• Sexual assault with aggravating factors
• Up to $10,000 in fines

Mandatory Sex Offender Registration:

• Required for most convictions, potentially for life
• Severely restricts where you can live and work

Collateral Consequences

Beyond prison time, a conviction can result in:

• Permanent criminal record on background checks
• Difficulty finding employment in most fields
• Housing restrictions near schools or parks
• Loss of professional licenses
• Impact on child custody and parental rights
• Immigration consequences, including deportation
• Lasting social stigma

When You Need a Criminal Defense Attorney

If you’re facing age of consent charges, you need immediate legal representation. Many people make critical mistakes, such as:

• Talking to police without an attorney
• Trying to contact the alleged victim
• Discussing the case on social media
• Deleting text messages or evidence
• Waiting too long to hire an attorney

Possible Defenses to Age of Consent Charges

Depending on your case circumstances, several defenses may apply:

• Romeo and Juliet affirmative defense: Protection for consensual relationships between close-in-age minors
• Lack of sufficient evidence: Prosecution must prove guilt beyond a reasonable doubt
• False accusations: Investigation of motive, credibility, and inconsistencies in allegations
• Constitutional violations by law enforcement: Improper search, seizure, or interrogation procedures
• Insufficient proof of sexual contact: Challenging the prosecution’s evidence that contact occurred
• Marital exception: Legal marriage between parties at the time of alleged conduct

Our Texas age of consent lawyers thoroughly analyze every aspect of your case to identify the strongest defenses and build a comprehensive strategy tailored to your specific situation.

Call Our Texas Criminal Defense Lawyers Today

At HGC Law Firm PLLC, we understand what’s at stake and fight tirelessly to protect your rights and future. Don’t face these serious charges alone. Call us today at (210) 222-9132 or contact us online to schedule a consultation with our San Antonio criminal defense attorney team.