The age of consent is a critical legal concept that establishes the minimum age at which an individual can legally engage in sexual activities with another person. Every state in the United States has its own age of consent laws, and therefore there is variance in the age of consent by state. So, what is the age of consent in Texas?
The age of consent in Texas is 17 years old, but there are important legal provisions and exceptions on the matter which Javier Guzman of Guzman Law Firm is here to discuss.
Guzman Law Firm is a federal criminal firm run by Javier Guzman, a trusted Laredo criminal attorney known for relentlessly fighting for the rights of his clients. If you or a loved one has been accused of a sex crime of any sort in Laredo or Texas at large, you need a federal sex crimes attorney to come to your defense before it’s too late.
Call Guzman Law Firm today at (956) 516-7198 for a case evaluation.
The laws on the age of consent in Texas
Is it legal for a 21-year-old to date a 17-year-old in Texas? What about a 16 and an 18-year-old? Texas Penal Code § 21 defines a child as any person under the age of 17, making the legal age of consent in Texas 17 years old. It is therefore illegal for any person over 17 to engage in sexual conduct with anyone under the age of 17.
Not only is it true that any person over the age of 17 cannot engage in sexual activity with anyone under the age of 17, but a person under the age of 17, according to Texas law, cannot legally consent to sexual activity at all. No matter how consensual an individual believes a relationship of this nature to be, it will never be considered consensual according to the law.
Seems simple, right? Not really. Say two 16-year-olds are dating and one of them turns 17, does the 17-year-old immediately get hauled off to jail? That’s where the Romeo and Juliet Law comes into play.
What is the Romeo and Juliet Law in Texas?
The Romeo and Juliet Law is found in Texas Penal Code § 22.011 and is technically an affirmative defense to some sexual assault charges in Texas. It states that anyone between the ages of 14 and 17 years old is legally allowed to engage in consensual sexual acts with someone within three years of their age, as long as both parties are at least 14 years old.
So with the provision of the Romeo and Juliet Law, although the legal age of consent is 17 years old in Texas, an 18-year-old can legally engage in consensual activity with a 16-year-old.
This law was essentially put into place to protect teenagers in consensual amorous relationships from the extreme consequences of sexual assault charges. The Romeo and Juliet Law does cut off at 14, so a child under the age of 14 under Texas law is never able to consent to sexual activity with anyone, for any reason.
Sex crimes against minors explained
Breaking the law by engaging in sexual conduct of any kind with minors under the age of consent in Texas, whether you knew they were underage at the time or not, can have life-altering consequences. Some of the more common charges related to sexual activity with minors are listed below.
Statutory rape
Statutory rape is a kind of sexual assault in Texas that takes place whenever an adult engages in sexual conduct with a minor, regardless of whether or not the sex act was considered to be consensual.
Indecency with a child
A person commits indecency with a child offense if they either engage in sexual conduct with the child, expose their genitals to, or compel the child to expose their genitals. This offense takes place only when the child is under 17 years old and does not take into consideration prior knowledge of the child’s age nor the sex of the child or the offender.
Compelling prostitution
Compelling prostitution is a charge reserved for when a person causes a child younger than 18 years old to commit prostitution. This charge also does not take into consideration prior knowledge of the child’s age nor the sex of the child or the offender.
Aggravated sexual assault of a child
Aggravated sexual assault is essentially a rape charge. Non-consensual sexual conduct of any kind falls under the aggravated sexual assault charge, but non-consensual sexual conduct with a child carries particularly severe punishments. There are aggravating factors present, which means the charge and its penalties will be increased massively, for children of a particularly young age or children who suffer injury as a result of the assault.
Child pornography
Child pornography charges do take into consideration what an offender does or does not know, as the possession or promotion of child pornography is defined as “knowingly or intentionally possessing or accessing” the material depicting a child. Child pornography charges do scale with repeat offenses and require a lifetime on the Texas sex offender registry.
Punishment for crimes against minors in Texas
All of these offenses against minors are federal crimes that require some amount of prison time to be served.
| Offense | Charge | Prison | Fine |
| Statutory rape | Second-degree felony | 2 – 20 years | Up to $10,000 |
| Indecency with a child | Second- or third-degree felony | 10 – 20 years | Up to $10,000 |
| Compelling prostitution | First-degree felony | 5 years – life | Up to $10,000 |
| Aggravated sexual assault of a child | First-degree felony | 5 years – life | Up to $10,000 |
| Child pornography | Second-degree felony | 2 – 20 years | Up to $10,000 |
In addition to the serious consequences outlined above, a conviction for any sex crime in Texas will require registration as a sex offender with the Texas Sex Offender Registry. Even if you somehow survive the lengthy prison sentence and get to return to your life, registration as a sex offender in Texas will inevitably crater your quality of life by impacting your work, your home life, your reputation, and everything else you can imagine.
Accused of violating the laws surrounding the age of consent in Texas? You need a federal sex crimes attorney on your case before it’s too late.
If you or a loved one has been accused of sexual conduct with a person under the legal age of consent in Texas, you need more than just a lawyer who will take your case — you need a lawyer who will fight day and night, tooth and nail to keep you out of prison. You need Javier Guzman.
Whether you’ve been accused of inappropriate behavior with a minor or are facing a charge for your second DWI in Texas, Javier will listen with compassion and fight with courage to make sure that your rights are protected.
Looking for a federal criminal lawyer in Laredo? Call Guzman Law Firm at (956) 516-7198 or contact us online today to schedule a conversation.
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