What is the Age of Consent in Texas?

 Posted on November 30, 2018 in Criminal Defense

Understanding the laws surrounding the age of consent is essential for anyone living in or visiting Texas. These laws play a critical role in determining the legality of romantic and sexual relationships, particularly when there is an age difference.

Violating these laws can lead to severe penalties, including imprisonment and mandatory registration as a sex offender. An experienced Texas sex crimes defense attorney helps people facing charges involving age of consent violations.

The Age of Consent in Texas

In Texas, the age of consent is 17. This means that people aged 17 or older are legally permitted to engage in consensual sexual activity. If one participant is younger than 17, the law says they cannot give legal consent, even if the relationship appears consensual.

Having sex with someone under the age of consent is called "sexual assault" or "aggravated sexual assault," depending on the circumstances.

Relationships Between Adults and Minors

Texas law strictly prohibits sexual relationships between adults and minors under the age of 17. When there is a large age gap between an adult and a minor, these relationships are prosecuted harshly, as the law wants to protect minors from exploitation and coercion. Even if the younger participant is close to the age of consent, adults engaging in sexual activity with minors risk criminal charges.

For example, an 18-year-old engaging in sexual activity with a 16-year-old could be prosecuted for sexual assault, even if the relationship was consensual. However, certain legal defenses and exceptions may apply under specific circumstances, which is why consulting with an attorney is necessary in these cases.

Does Texas Have a Romeo and Juliet Law?

Texas does have a "Romeo and Juliet" law, which can be a defense in certain situations where the people involved are close in age. The law is designed to prevent harsh prosecution of consensual relationships between teenagers and young adults. A person accused of statutory rape can cite the Romeo and Juliet law if:

• The accused is not more than four years older than the minor.

• The minor was at least 15 years old at the time of the alleged sexual activity.

• The relationship was consensual.

The Romeo and Juliet law does not make the relationship entirely legal but can provide a defense to prosecution. This defense does not apply to cases involving significant age gaps or relationships between authority figures, such as teachers or coaches, and minors.

Teachers and Coaches Dating Students

Texas law imposes strict prohibitions on relationships between teachers, coaches, or other authority figures and their students, regardless of the student’s age. These relationships are considered an abuse of power and trust, even if the student is 17 or older and above the age of consent. Educators and authority figures who engage in romantic or sexual relationships with their students can face criminal charges, professional disciplinary actions, and damage to their reputations and careers. Such offenses are often prosecuted harshly due to the inherent power imbalance in these relationships.

How is Having Sex with a Minor Punished in Texas?

The punishment for having sex with a minor in Texas depends on the minor’s age and the circumstances of the offense. Sex with a minor aged 15 or 16 is typically charged as sexual assault, a second-degree felony punishable by two to 20 years in prison and fines of up to $10,000.

However, if the minor is 14 years old or younger, the offense is classified as aggravated sexual assault, a first-degree felony. Convictions for aggravated sexual assault carry significantly harsher penalties, including five to 99 years or life in prison and similar fines.

Even if an adult and a minor do not technically have sex, adults can still get in trouble for indecency with a minor. Any kind of sexual activity, including photographs, between adults and minors under age 17 is against the law.

Sex Offender Registration Requirements

People convicted of sexual activity with minors are almost always required to register as sex offenders in Texas. That means their names, photographs, and addresses will be published. Being on the sex offenders list has serious, long-lasting consequences, including:

• Difficulty finding jobs and housing

• Difficulty getting accepted for educational opportunities.

• Social stigma, including damaged relationships with friends and family.

Sex offender registration is often mandatory for a long time, and in some cases, it may be required for life.

Contact a Collin County, TX Statutory Rape Defense Attorney

If you are facing charges for violating age of consent laws in Texas, it is crucial to act quickly to protect your rights and future. A Plano, TX sex crimes defense attorney at The Crowder Law Firm, P.C. can help. Call 214-544-0061 today to schedule a free consultation.