Age of Consent in Texas: Understanding the Law

The age of consent in Texas is 17. This is the age at which someone is legally considered able to consent to sex. Texas Penal Code strictly enforces this age limit to protect younger people from being taken advantage of. But there are loopholes in the law, like the "Romeo and Juliet" provisions, that can affect how cases are charged. Knowing the law, and the protections and risks that come with it, is important, especially for young people and families. This guide will break down the age of consent law in Texas, why it exists, and what happens if you violate it.

• What is the Age of Consent in Texas?
  
• Why Age of Consent Laws Matter
  
• Texas Penal Code Age of Consent
  
• Romeo and Juliet Law in Texas
  
• Federal Age of Consent
  
• Texas Age of Consent: Myths and Facts
  
• Protecting Yourself and Others: Legal Awareness and Precautions
  
• Age of Consent and Consequences in Texas
  
• How Does Texas Compare to Other States?
  
• Call The Law Office of Rolando Cantu in Texas

What is the Age of Consent in Texas?

The age of consent in Texas is 17, meaning you must be 17 or older to legally consent to sex.

According to Texas law, if you are under 17 you cannot legally consent, and having sexual relations with someone under 17 is illegal even if both parties agree. This age difference limit is a clear line to protect minors who may not have the maturity to make informed decisions about their intimate relationships and sexual conduct. Violating this will get you serious criminal charges, including sexual misconduct, statutory rape or sexual assault of a child, which has big legal consequences.

Related: How Long Do Child Molesters Go to Jail For?

Why Age of Consent Laws Matter

Age of consent laws exist for a reason. They recognize the vulnerability of minors and the potential for older more experienced people to exploit them. Adolescents are still developing emotionally, socially and cognitively and these laws are to protect them from making choices that could have serious consequences. Sexual exploitation of minors is a big problem; age of consent laws are a tool for law enforcement and the community to address these risks.


The idea behind having a specific age for legal consent is to create a protective boundary for minors. It recognizes that younger people may be more susceptible to coercion, manipulation or misunderstanding. With these laws in place, society acknowledges that people under a certain age may not have the life experience and maturity to fully understand the consequences of their decisions.

Texas Penal Code Age of Consent

The Texas Penal Code has specific laws to protect minors and enforce age of consent. Two sections apply:

• Section 21.11 prohibits sex with anyone under 17. This section defines “indecency with a child” and includes any sexual contact with someone under 17.
  
• Section 22.011 defines “sexual assault of a child” and says anyone under 17 is a child. Sex with a minor under 17, even if they “consent” is statutory rape.
  

For example, if a 20-year-old has sex with a 16-year-old, this is illegal in Texas. Even if the younger person “agrees” the law doesn’t recognize that consent so it’s criminal. This distinction between personal agreement and legal consent is key to understanding the consequences of age-of-consent violations in Texas.

Related: What Happens When You Register as a Sex Offender?

Romeo and Juliet Law in Texas

A common myth is that age of consent laws always mean severe charges for people close in age. In Texas the “Romeo and Juliet” law has exceptions for young people close in age to prevent overly harsh penalties. These provisions can reduce or dismiss charges if the people involved are within a certain age range depending on the alleged offense.

For example:



• Three-year provision: Applies to sexual assault of a child (22.011), indecency with a child (21.11) and online solicitation (33.021). If both are 14 or older and within 3 years of each other’s age, charges can be reduced or dismissed.
  
• Two-year provision: Applies to sexual performance by a child (43.25) and electronic transmission of certain visual materials (43.261).
  
• Five-year provision: Applies to continuous sexual assault (21.02) which is often more serious allegations.
  

These provisions recognize that relationships between minors and young adults can exist without being exploited or abuse. But they also say that minors under 14 can never legally consent to sexual activity in Texas and age gaps that exceed these provisions are not protected.

Federal Age of Consent

It’s important to note that age of consent laws vary by state and also federal. Under federal law the age of consent is 18. That means anyone under 18 is a minor. Crossing state lines to have sex with someone under 18 can result in federal charges. This can include online interactions or traveling to meet someone under the federal age of consent.

For example, if a Texas resident travels to a state where the age of consent is lower than 17 to have sex with someone under 18 they could be federal prosecuted. The federal government has jurisdiction over crimes that cross state lines especially those involving internet use or physical travel across state borders. Federal laws also prohibit the production, distribution and possession of explicit material involving minors so the consequences of violating these laws are serious.

Related: How Long Does "Sex Offender" Stay on Your Record?

Texas Age of Consent: Myths and Facts

Many myths exist around age of consent laws including ideas about “loopholes” for consensual relationships or misunderstandings about the Romeo and Juliet law. One common myth is that minors who lie about their age or misrepresent it can make a relationship legal. But under Texas law there are no exceptions for these situations; a minor’s consent even if documented does not make a relationship legal if they are under 17.


Some think the Romeo and Juliet law applies to everyone within 3 years of age but the provisions vary depending on the offense. For example a 16 and 17 year old may have an affirmative defense in a sexual assault case but the same defense may not apply to more serious charges of coercion or exploitation.

If you’re close to the age of consent or a parent/guardian of a teen you want to educate about the legal limits.

Protecting Yourself and Others: Legal Awareness and Precautions

For young adults awareness of these laws and the consequences is key. Navigating relationships and understanding the legal boundaries of age of consent can prevent serious consequences. It’s smart to consider the risks and know that even consensual relationships can lead to criminal charges if either party is underage. Many attorneys recommend to know these laws to avoid misunderstandings.


For parents to talk to teens about the legal risks and responsibilities of relationships is crucial. These conversations can be tough but are necessary to help young people make safe and informed decisions and understand the risks of intimate relationships before they reach the age of consent.

Age of Consent and Consequences in Texas

Violating age of consent in Texas can result in:

• Indecency with a Child: Indecency charges can be for exposure or physical contact.
  
• Aggravated Sexual Assault: Aggravated charges apply when there’s a big age gap or coercion involved.
  
• Continuous Sexual Assault of a Child: For multiple incidents over time charges and sentencing can be more severe.
  

These charges can have lifelong consequences including mandatory sex offender registration, restricted housing and employment and a ruined reputation. Anyone convicted of these crimes will face personal and professional setbacks that go beyond the immediate legal penalties.

You might be interested: What Is a Covered Sex Offender?

How Does Texas Compare to Other States?

The age of consent varies across the United States, ranging from 16 to 18 years old. Understanding these differences can be crucial, especially for those who may travel or communicate across state lines. Here’s a breakdown of the age of consent in each state:

The age of consent reflects each state's approach to protecting minors while recognizing individual rights and responsibilities. In states where the age of consent is 18, there is generally stricter enforcement around relationships involving minors. Meanwhile, states with lower ages of consent, such as 16, have specific rules and conditions surrounding these relationships to prevent exploitation.

Call The Law Office of Rolando Cantu in Texas

If you or someone you know is dealing with age of consent laws in Texas, you need to talk to an experienced criminal defense attorney. The Law Office of Rolando Cantu in McAllen, TX knows to help individuals facing serious age of consent charges. These matters are sensitive and require a legal system expertise and compassion. Rolando Cantu and his team can help. Call us today to schedule a consultation to discuss your rights, defenses and options.