What Is the Legal Age of Consent for Sex in Texas?

The legal age of consent in Texas is 17. Sexual contact with anyone younger than 17 is a criminal offense that can result in felony charges, sex offender registration, and years in prison. Texas does provide a limited exception for consensual relationships between young people who are close in age, commonly known as the Romeo and Juliet law.

How Does Texas Define the Age of Consent?

Because Texas does not have a single statute that states the age of consent, the threshold is established through criminal statutes that carry serious felony penalties for violations. Once a person turns 17, Texas law presumes they can consent to sexual activity with another person who is also 17 or older. Violating these statutes can result in serious felony charges:

• Sexual assault of a child: A second-degree felony carrying 2 to 20 years in prison and fines up to $10,000.
• Indecency with a child by contact: A second-degree felony with the same sentencing range.
• Indecency with a child by exposure: A third-degree felony carrying 2 to 10 years in prison.
• Aggravated sexual assault of a child: A first-degree felony carrying 5 to 99 years or life in prison. For offenses committed on or after September 1, 2025, a mandatory minimum of 25 years applies when the victim is younger than 10. A separate 25-year mandatory minimum also applies when the victim is younger than 14, and the offense involves an additional aggravating circumstance under Texas Penal Code § 22.021(a)(2)(A), such as kidnapping or use of a deadly weapon.

Federal law also sets the age of consent at 18 for sexual activity involving interstate travel or online communications under 18 U.S.C. § 2423, regardless of what Texas state law permits. Generally, a defendant cannot argue that they were unaware of the age of consent laws in the state where the conduct occurred.

What Is the Romeo and Juliet Law in Texas?

The Romeo and Juliet law in Texas provides an affirmative defense to certain sex crime charges when both parties are close in age, and the activity was consensual. Under Texas Penal Code § 22.011, this defense applies when all of the following conditions are met:

• The actor is not more than three years older than the victim
• The younger person is at least 14 years old
• The activity was consensual
• The older person is not a registered sex offender and does not have a prior reportable conviction under Chapter 62 of the Texas Code of Criminal Procedure

This is an affirmative defense, not an automatic shield. A person can still be arrested and charged even if the defense may apply. It must be raised at trial, and the court decides whether the conditions are met. If the defense is not established at trial, the standard penalties under the statute apply without reduction.

How Does the Texas Age of Consent Compare to Other States?

The age of consent varies across the United States, and here are a few examples:

• Louisiana: 17
• Arkansas: 16
• Oklahoma: 16
• New Mexico: 17

Several states set the age of consent at 16, which is the lowest threshold currently in effect in the United States. However, a lower age of consent does not mean fewer restrictions. Most states with a 16-year threshold also have close-in-age exceptions or other limitations that change how the law applies in practice.

The Romeo and Juliet law matters as much as the age of consent itself, because the rules change significantly once you cross a state line. What is legal in one state may be a felony in another, and a defendant cannot rely on Texas law as a defense to conduct that occurred in or involved another state.

Facing Sex Crime Charges in Texas? Talk to Our Criminal Defense Team Today

If you or someone you know is facing allegations involving the age of consent in Texas, the Romeo and Juliet law, or any related offense, early legal guidance is critical. Our criminal defense attorneys at Pelley Law Office have been defending North Texas and Dallas-area residents since 1974.

Our managing partner spent years as a prosecutor before entering criminal defense, which gives our team direct insight into how the state builds these cases and where the arguments are most vulnerable. Our managing partner has also been named a Top 100 Trial Lawyer by the National Trial Lawyers Association.

Call (214) 560-1919 or contact us online for a free consultation.