Cody Cofer | January 17, 2025 | Sex Crimes

Age of Consent in Texas and Exceptions

The age of consent refers to a person’s ability to give meaningful consent. In criminal law, the age of consent typically refers to the minimum age for a minor to be able to consent to sexual conduct. The age of consent varies by state. Texas defines the age of consent as 17 in most situations, but there are exceptions.

Texas law presumes that a minor can consent to sexual activities when they reach the age of 17 years old. Before that time, a minor does not have the maturity, understanding, or experience to make a sensible decision whether to engage in sexual activity.

There are exceptions to the age of consent in Texas. Those exceptions are:

Marriage

A person who is younger than 17 years old but is married can give legal consent to sexual activity if they are married to the person with whom they are having sex. Texas limits this exception based on age difference to prevent adults from marrying children merely to avoid charges of sex crimes.

Romeo and Juliet

This exception refers to sexual conduct between individuals who are close in age. Under Texas’s Romeo and Juliet laws, a young adult over the age of 17 is protected from a sex crime if the following four conditions are met:

  • Both parties consent to sexual relations.
  • Neither individual is a registered sex offender.
  • The other party is at least 14 years old.
  • There is not more than a three-year gap between the parties.

For instance, assuming the above conditions are met, an 18-year-old could have sexual relations with a 15-year-old. However a 21-year-old could not have sexual relations with a 17-year-old.

Sex crimes are wobbler offenses, which means that you could face a felony or misdemeanor charge, depending on the circumstances of the case.

Penalties for a conviction of violating Texas age of consent laws depend on the specific charges. Most sex crimes involving minors are charged as felonies.

For example, aggravated sexual assault is a first-degree felony. The defendant may be sentenced to decades or life in prison and a $10,000 fine. Prohibited sexual conduct is a second or third-degree felony with a maximum of 20 years in prison and a $10,000 fine.

In addition to serving time and paying a fine, a conviction for sex crimes typically results in registering as a sex offender. Being on the sexual offender’s registry has a significant impact on a person’s life, restricting where a person can live and work. It could also impact child custody and visitation terms.

Even if you are innocent of the sex crimes you face, it is crucial that you work with an experienced sex crimes lawyer in Texas to develop a defense, whether you are facing sexual assault, child abuse, or a different crime. An attorney will investigate the circumstances of your arrest and analyze the evidence to develop the best defense strategy for your case.

Potential defenses to sex crimes involving minors include, but are not limited to:

  • Entrapment: Law enforcement may induce or convince someone to commit a sex crime. If so, the court may find the law enforcement officers acted wrongfully and dismiss the charges.
  • Mistake of Age: If the defendant honestly believed the alleged victim was old enough to consent to sexual conduct, it could be a defense. However, it is challenging to prove that the defendant was unaware of the person’s age or that their belief that the person was of age was reasonable.
  • Lack of Penetration: Some sex crimes require penetration or other physical conduct. The prosecution must prove beyond a reasonable doubt the conduct occurred. Challenging the evidence to create reasonable doubt can be an effective defense.
  • Mistaken Identity: In some situations, a minor might make a mistake when identifying the defendant as the person who committed the crime. Having an alibi can be an effective defense in these situations.

An attorney can help you choose the best defense for your case.

For more information, please contact the sex crimes law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102