Cofer Luster Criminal Defense Lawyers | March 11, 2025 | Criminal Defense
Sexual crimes convictions in Texas carry severe consequences. Teens may be unaware of the criminal implications of a sexual relationship with a teen partner, particularly when both parties consent to the relationship. The Texas Romeo and Juliet law may apply in a Fort Worth sex crimes case if charges involve a close-in-age sexual offense.
1. What Is the Texas Romeo and Juliet Law?
Texas’ Romeo and Juliet laws provide an age-based defense to help prevent criminal convictions for certain sexual offenses. These laws vary depending on the offense and may protect individuals charged with a sex crime if the age difference between them and the minor is between two and five years. In Texas, a person can be convicted of sexual assault for engaging in sexual activity with someone under 17. However, exceptions to the age of consent laws exist.
However, the Romeo and Juliet Law may provide an exception to the law for a teen or young adult when:
- The other party engaging in sexual relations is at least 14
- No more than a three-year gap in age exists
- The relationship is consensual
- Neither party is on a sexual offender registry
In addition to the offenses above, the Romeo and Juliet three-year provisions may provide an affirmative defense for indecency with a child charges or online solicitation.
2. What Additional Provisions Exist Under the Romeo and Juliet Law?
The Romeo and Juliet law may also offer a two-year provision in the age variance of parties when charges under Texas Penal Code Title 9 Ch. 43 for sexual performance by a child (PC 43.25) or electronic transmission of certain visual materials (PC 43.261)) occur. Finally, a five-year provision may apply to charges of continuous sexual assault.
3. Why do Romeo and Juliet Laws Exist?
Charges of sex crimes or child abuse in Fort Worth come with years of severe consequences, potentially impacting your career opportunities, where you can live, and even the ability to secure student and affordable loans. This affirmative legal defense strives to provide legal protection from criminal prosecution when teens or young adults within a specific age range engage in a consensual sexual relationship.
The defense name comes from Shakespeare’s literary writings. The story’s characters, Romeo and Juliet, suffer a tragic ending that is likely preventable had they not been punished for their relationship. The affirmative defense strives to protect or minimize teens or young adults from harsh legal actions.
4. What Is an Affirmative Defense Statute?
Being charged with sex crimes in Texas does not mean you have no legal options. An affirmative defense does not prevent legal action against you. However, it makes the argument that even though the law states a person must be 17 to consent to a sexual act, prosecuting you for engaging in a consensual act with someone under 17 and within close proximity to your age is unreasonable when both parties are willing participants in a sexual act.
5. At What Age Can Someone Legally Consent to Sex in Texas?
You may consent to engage in sexual activity at 17, according to Texas law. However, the Romeo and Juliet Law addresses circumstances where a sexual relationship between minors may occur, arguing the act should not end with a criminal conviction. An affirmative defense under the Romeo and Juliet Law does not prevent an arrest or charges for the action but provides a defense to the action should you go to court. Experienced legal defense is crucial to dropping charges in criminal cases like sexual assault.
Discuss a Sex Crimes Charge With an Experienced Criminal Defense Attorney in Fort Worth
Laws like the Romeo and Juliet Law exist to protect your rights through affirmative defense. Our team will explore your legal options to strive for the most beneficial outcome if you face charges of sex crimes in Fort Worth. Discuss a charge with a Fort Worth sex crimes lawyer at Cofer Luster Criminal Defense Lawyers today.
Contact The Fort Worth Criminal Defense Law firm of Cofer Luster Criminal Defense Lawyers for Legal Help Today
For more information, please contact the criminal defense 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