What Is the Legal Age of Consent for Sex in Texas?

The legal age of consent in Texas is 17. Anyone under 17 cannot legally consent to sexual activity, and adults who engage in sexual conduct with minors face serious criminal charges, even if both parties claim the relationship was consensual or the minor misrepresented their age.

At Marc Chavez Law Firm, our Texas criminal defense attorneys use years of prosecutorial experience to anticipate how prosecutors build their case, identify weaknesses in evidence, and protect clients’ rights from the very start. Call us at (512) 337-9774 or contact us online for a confidential consultation.

How Texas Age of Consent Laws Work

Texas Penal Code Sections 21.11 and 22.011 establish that individuals under 17 cannot legally consent to sexual activity. We represent clients facing charges of sexual assault of a child, indecency with a child, and related offenses that carry severe penalties and require sex offender registration.

Texas treats these violations as strict liability crimes, meaning prosecutors don’t have to prove the defendant knew the person’s real age. Even when minors lie, show fake identification, or appear in age-restricted venues, convictions can still occur. We challenge these prosecutions by examining every detail of how evidence was gathered.

Understanding the Romeo and Juliet Exception

Texas recognizes that teenagers close in age may engage in consensual relationships. The Romeo and Juliet law provides an affirmative defense when all four conditions are met:

• Both parties consented to the activity
• The younger person was at least 14 years old
• The age difference is three years or less
• Neither party is a registered sex offender

An 18-year-old and a 16-year-old could potentially use this defense, but a 21-year-old and a 17-year-old don’t qualify because the age gap exceeds three years. Children under 14 can never legally consent under any circumstances. Our team evaluates whether clients qualify for this exception and builds defenses accordingly.

Penalties for Texas Age of Consent Violations

Age of consent violations carry serious, life-altering penalties. We defend clients against charges that include:

• Sexual Assault of a Child: 2-20 years in prison (second-degree felony)
• Aggravated Sexual Assault of a Child: 5-99 years or life in prison (first-degree felony when victim is under 14)
• Lifetime sex offender registration with public disclosure of photo, address, and offense details

These consequences affect where our clients can live, work, and maintain personal relationships for decades.

When Federal Age of Consent Laws Apply

While Texas sets the age of consent at 17, federal law applies an age of 18 for certain conduct. We defend clients when federal law applies through interstate travel or online activity, which creates federal charges regardless of state consent laws. Federal penalties often exceed state charges, making early intervention critical.

Speak with Our Texas Criminal Defense Lawyer

Age of consent charges carry consequences that follow defendants for life. Our founding attorney spent 12 years serving as an Assistant District Attorney, prosecuting cases ranging from misdemeanors to capital murder. Early in his career, Marc Chavez was recognized as a Rising Star, and for the last four years, he has been named a Super Lawyer, bringing prosecutorial insight to defending these cases. We know how prosecutors think because we have been in their position.

Call Marc Chavez Law Firm at (512) 337-9774 or contact us online today to discuss your situation confidentially with our criminal defense attorneys.