BOard-certified CRIMINAL LAWYER IN ROUND ROCK, TX

The age of consent in Texas is 17. And that single number can carry enormous legal weight. Under Texas law, a person younger than 17 cannot legally consent to sexual activity with an adult, no matter what they said, how mature they seemed, or how willing they appeared. A relationship that both people considered consensual can still be charged as a serious felony.

There's one major exception, the so-called Romeo and Juliet law, but there are a lot of misconceptions surrounding it. In this article, our crimes against children defense lawyer explains what the age of consent in Texas actually means, how the Romeo and Juliet defense works, and what's at stake when someone is accused of crossing the line.

The Age of Consent in Texas Is 17

Texas doesn't have a statute titled "age of consent". Instead, the number comes from how the Texas Penal Code defines a "child" in its sexual offense statutes:

• Texas Penal Code § 22.011: (Sexual Assault) defines a child as anyone younger than 17. Sexual contact with a person under 17 is charged as sexual assault of a child — what many people call "statutory rape", though Texas law doesn't use that term.
• Texas Penal Code § 21.11: (Indecency with a Child) also applies to anyone younger than 17.
• Texas Penal Code § 22.021: (Aggravated Sexual Assault) applies enhanced, first-degree felony treatment when the child is younger than 14.

Put simply: once a person turns 17 in Texas, they can legally consent to sexual activity with an adult. Before that birthday, the law says their consent doesn't count, and the "she said yes" or "he told me he was 18" defense will not help you.

Two more wrinkles people often miss:

• The federal age of a minor differs for online considerations and for taking a minor across state lines. Federal law generally treats anyone under 18 as a minor, which matters for anything involving images, interstate travel, or the internet.
• Positions of authority change the rules entirely. Teachers, coaches, school employees, church leaders, law enforcement officers, and others in positions of authority in the child’s life can face charges for sexual contact with a student and minor under a separate statute, even if the student is 17 or older.

Mistake of Age Is Not a Defense in Texas

This surprises almost everyone. In Texas, believing the other person was 17 or older is not a legal defense to sexual assault of a child or indecency with a child. This is true even if the minor credibly lied about their age, showed a fake ID, or claimed to be an adult on a dating app, and it was altogether reasonable to believe the minor was actually 18 or older. Because of this, these are strict liability offenses with respect to age. The state doesn't have to prove you knew the person was underage; it only has to prove the person was underage. That's why these cases can blindside people who genuinely believed they were dating an adult.

The Romeo and Juliet Law in Texas

The Romeo and Juliet law in Texas is not a separate statute, but an affirmative defense written into the sexual assault and indecency statutes, designed to keep consensual relationships between teenagers close in age from producing felony convictions and lifetime sex offender registration.

Under § 22.011(e), the defense generally applies when all of the following are true:

1. The younger person was at least 14 years old at the time.
2. The age gap was no more than three years. The accused was not more than three years older than the younger person.
3. The conduct was consensual with no force, duress, or threats.
4. The accused was not a registered sex offender at the time.
5. The relationship was not otherwise prohibited by law (for example, by the bigamy and incest prohibitions).

A practical example: a 19-year-old and a 16-year-old in a consensual dating relationship would generally fall within the defense, with the younger partner being over 14, and the gap is under three years. A 21-year-old with that same 16-year-old would not. And the defense never applies when the younger person is under 14; there is no close-in-age exception below that line.

What the Romeo and Juliet Defense Does NOT Do

This is where people get into trouble:

• It doesn't prevent an arrest or a charge. An affirmative defense is raised in court, after prosecution begins. Police can and do arrest first; your lawyer would have to prove that the defense applies later in the case.
• The burden is on the defense. Unlike the state's burden to prove guilt beyond a reasonable doubt, an affirmative defense must be established by a preponderance of the evidence, which means building a real evidentiary case, not just asserting it.
• It doesn't cover everything. Certain conduct, like anything involving images of a minor, falls outside the defense entirely, because separate state and federal laws apply.

Penalties When the Age of Consent Is Violated

When no defense applies, the consequences under Texas law are severe:

Beyond prison time, a sex crime conviction typically brings mandatory sex offender registration (in many cases for life) along with a permanent felony record, restrictions on where you can live and work, firearm prohibitions, and devastating consequences for child custody and reputation.

What About Online Relationships and Texting

The age of consent applies to more than physical contact. Under Texas Penal Code § 33.021, communicating with a minor online in a sexual manner, or arranging to meet a minor for that purpose, is online solicitation of a minor, a felony on its own. These prosecutions are built on digital evidence: messages, app data, and device forensics. Notably, this includes sting operations where no actual minor was ever involved. Our internet crimes defense page explains how these cases are investigated and fought.

When Both People Are Minors

What if a 15-year-old and a 16-year-old are in a relationship? Cases involving two minors are typically handled in the juvenile system, which focuses more on rehabilitation than punishment. But any charges can still be serious, and outcomes of a juvenile sex crime can follow a young person into adulthood. Parents facing this situation should treat it with the same urgency as an adult charge would be handled. Learn more on our juvenile crimes defense page.

Defending Age of Consent Cases in Williamson County

Every case turns on its facts, but common defense avenues include:

• The Romeo and Juliet affirmative defense, in which the age-and-consent requirements are met.
• False allegations, which arise more often than people expect, especially amid custody battles, breakups, or family conflict. Motive, inconsistencies, and witness credibility all get investigated.
• Challenging the digital evidence in online cases: who actually sent the messages, whether devices were shared, and whether law enforcement followed proper procedures.
• Unlawful searches and coerced statements, which can lead to suppression of the state's key evidence.

What you should never do is try to "clear things up" by talking to police, CPS, or the accuser. Don’t talk to anyone about the situation without first speaking with our experienced criminal defense attorney. Well-intended explanations often become evidence against you.

Know the Law — and Know When to Call a Lawyer

So, what is the age of consent in Texas? It's 17 years old, with a narrow Romeo and Juliet exception for consensual relationships between partners who are within 3 years of each other's ages, where the younger partner is at least 14. Outside those lines, Texas law is unforgiving: the minor's willingness doesn't matter, and neither does an honest mistake about their age.

If you or someone you love is being investigated or has been charged, the time to act is before the state finishes building its case. Ryan H. Deck is a former prosecutor and Texas Board-Certified criminal defense attorney who has defended these cases in Williamson County for over 20 years. Contact us for a free, confidential consultation.

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