Texas's age of consent is 17. Any sexual contact with a person under 17 is "sexual assault of a child" under Penal Code § 22.011(a)(2) — a second-degree felony. Belief that the complainant was 17 is generally not a defense, but the affirmative "Romeo and Juliet" defense in § 22.011(e) protects actors no more than three years older than the complainant when both are at least 14.
Texas does not use the term "statutory rape" — the offense is sexual assault of a child. Many people charged are surprised to learn that consent is irrelevant when the complainant is under 17, and that mistake-of-age is generally not a defense. There is, however, a narrow Romeo and Juliet exception that can defeat the charge entirely.
Age of Consent in Texas
Texas's age of consent is 17. This is the age at which a person can legally consent to sexual activity with an adult. Anyone under 17 cannot give legal consent — even if they say yes, even if they initiated the contact, even if both parties believed they were of age.
This applies to all sexual contact: penetration (sexual assault of a child), genital contact (indecency by contact), or exposure (indecency by exposure). See our indecency with a child guide.
Penalties for Sexual Assault of a Child
Under § 22.011(a)(2):
- Second-degree felony — 2 to 20 years TDCJ, fine up to $10,000;
- Lifetime sex offender registration under Code of Criminal Procedure Chapter 62;
- 3g offense if the child is under 14 — defendant must serve at least half the sentence before parole eligibility;
- First-degree enhancement if the actor is prohibited from marrying the complainant under Family Code § 6.201 (incest).
If aggravating factors exist (deadly weapon, serious bodily injury, complainant under 14), the charge becomes aggravated sexual assault — first-degree, 5 to 99 or life, with a possible 25-year minimum.
The Romeo and Juliet Defense
Section 22.011(e) provides an affirmative defense if all of the following are true:
- The actor is not more than 3 years older than the complainant;
- The complainant was at least 14 at the time of the offense;
- The actor was not required to register as a sex offender at the time of the offense;
- The complainant was at least 14 (the conduct was not also indecency with a child under 14);
- The actor was of the opposite sex of the complainant — for offenses under the older version of the statute. The 2017 amendment removed the opposite-sex requirement.
The defense covers consensual sexual contact between teenagers — high school relationships where both parties were participating willingly and the age difference is small. The actor bears the burden to prove each element by a preponderance of the evidence.
Mistake of Age — Not a Defense (With Two Narrow Exceptions)
Under Vasquez v. State, 622 S.W.2d 864 (Tex. Crim. App. 1981), mistake of age is generally not a defense to sexual assault of a child. Even if the complainant said they were 18, used a fake ID, drove a car, attended a college bar — none of that is a defense.
Two narrow exceptions:
- Indecency with a child (§ 21.11(b)(1)) — has an affirmative defense for an actor no more than 3 years older when conduct involves only sexual contact (not penetration);
- Online solicitation (§ 33.021(d)) — has an affirmative defense for actors who reasonably believed the complainant was 17 or older at the time of solicitation.
Internet and Sexting Cases
Modern statutory rape cases often involve online solicitation of a minor under Penal Code §33.021 alongside the substantive sexual assault. Sexting between teenagers can also produce charges under § 43.26 (possession of child pornography) — even when both parties are minors.
If your case involves digital evidence — text messages, Snapchat, Instagram DMs, dating apps — preserve everything but do not interact with the complainant.
Defenses Beyond Romeo and Juliet
Identity / Mistaken Identification
DNA evidence and digital forensics can defeat identity. Many sex-with-minor cases turn on whether the State can prove who the actor was — particularly in social media cases.
Statute of Limitations
Most child sexual assault offenses have no statute of limitations, but lesser charges (indecency by exposure, online solicitation) do. CCP Article 12 sets the periods.
Suppression of Custodial Statements
Many statutory rape cases are made by police interview of the suspect. Miranda v. Arizona, 384 U.S. 436 (1966) and Article 38.22 of the Texas Code of Criminal Procedure govern admissibility.
Insufficient Evidence
The State must prove the act, the date, and the age — beyond reasonable doubt. Memory issues, inconsistent statements, and lack of corroboration can defeat the case.
What to Do If You Are Under Investigation or Charged
- Do not speak with police or investigators without an attorney — even to "explain" or "clear things up." Anything you say can be used.
- Do not contact the complainant, the complainant's family, or witnesses — directly, through social media, or through third parties.
- Preserve digital evidence — text messages, dating-app conversations, location data, emails — but do not delete anything.
- Do not post on social media about the allegations, your relationship with the complainant, or anything related to the case.
- Contact L and L Law Group immediately at (214) 466-1398 — we answer 24/7.
Frequently Asked Questions
Is the age of consent in Texas 17 or 18?
It is 17. The misconception that it is 18 comes from the federal definition of "minor" for purposes of child pornography offenses. For Texas sexual assault, 17 is the line.
What is the Romeo and Juliet law in Texas?
Penal Code §22.011(e) — an affirmative defense for actors no more than 3 years older than the complainant when the complainant was at least 14 and the actor was not a registered sex offender. The defendant bears the burden of proof.
Can I be charged if she said she was 18?
Yes. Texas has no general mistake-of-age defense to sexual assault of a child. Belief that the complainant was 18, fake IDs, and online lies do not defeat the charge.
What if both parties are under 17?
Both can be charged in theory, but prosecutors generally do not pursue cases where both are minors of similar age. The Romeo and Juliet defense protects most of these cases.
Does the Romeo and Juliet defense apply to aggravated sexual assault?
No. If aggravating factors are pled and proven (deadly weapon, drugs, multiple actors, complainant under 14), the affirmative defense in § 22.011(e) does not apply.
Speak With a Frisco Criminal Defense Attorney
If you or a loved one is facing sexual assault defense charges in Frisco, Collin County, or anywhere in the Dallas-Fort Worth metroplex, the time to act is now. L and L Law Group attorneys are available 24 hours a day, 7 days a week. Call (214) 466-1398 for a free, confidential consultation, or submit your case online and a licensed attorney will contact you directly.
This article is general information, not legal advice. Texas and federal criminal law are complex and fact-specific — please consult a licensed attorney about your particular situation. Past results do not guarantee future outcomes.