Texas statutory rape laws do not actually use the term “statutory rape.” Sexual activity with anyone under 17 is prosecuted under several separate felony statutes in the Texas Penal Code, and the penalties range from 2 years in prison to life, plus mandatory sex offender registration. The age of consent is 17. It does not matter whether the younger person agreed, lied about their age, or started the encounter. Anyone under 17 is legally incapable of consenting, and the adult carries the entire legal risk.
The Charges Texas Actually Files
Sexual Assault of a Child
The closest match to what people usually mean by statutory rape is sexual assault of a child under Penal Code Section 22.011.1State of Texas. Texas Penal Code 22.011 – Sexual Assault It applies to any sexual penetration or oral sexual contact with a person under 17. Prosecutors do not have to prove force, threats, or lack of consent. They only have to prove the act happened and the other person was under 17.
This is a second-degree felony: 2 to 20 years in prison and a fine up to $10,000.2State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment It becomes a first-degree felony if the victim is someone the actor was barred from marrying under Texas incest laws.
Aggravated Sexual Assault
Under Penal Code Section 22.021, the charge becomes aggravated sexual assault when certain factors are present. In cases involving minors, the most common trigger is a victim younger than 14.3State of Texas. Texas Penal Code 22.021 – Aggravated Sexual Assault Other triggers include using or displaying a deadly weapon, causing serious bodily injury, drugging the victim, or acting with another person during the same incident.
Aggravated sexual assault is a first-degree felony: 5 to 99 years or life, plus a fine up to $10,000.4State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment If the victim was younger than 10, the minimum sentence jumps to 25 years. The same 25-year floor applies when the victim is under 14 and the offense involved certain additional violent conduct.
Indecency With a Child
Not every charge involves penetration. Penal Code Section 21.11 covers sexual contact and exposure involving anyone under 17.5State of Texas. Texas Penal Code 21.11 – Indecency With a Child “Sexual contact” here means touching the child’s breast, genitals, or anus with the intent to arouse or gratify anyone sexually, and touching through clothing counts. The statute also covers exposing yourself to a child, or causing the child to expose themselves, for sexual gratification.
Sexual contact under this section is a second-degree felony (2 to 20 years). Exposure is a third-degree felony, carrying 2 to 10 years in prison and up to a $10,000 fine.6State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
Continuous Sexual Abuse of a Young Child
Repeated conduct has its own statute. Under Penal Code Section 21.02, a person 17 or older commits continuous sexual abuse if they commit two or more acts of sexual abuse against a child under 14 over a period of 30 days or more.7State of Texas. Texas Penal Code 21.02 – Continuous Sexual Abuse of Young Child or Disabled Individual This is a first-degree felony with a 25-year minimum and a maximum of 99 years or life. The floor is five times higher than the standard first-degree minimum.
The Romeo and Juliet Exception
Texas treats a 17-year-old dating a 15-year-old differently from an adult targeting a child. Penal Code Section 22.011(e) provides an affirmative defense to sexual assault of a child when the older person was no more than three years older than the victim and the victim was at least 14. This is often called the Romeo and Juliet provision.
The limits matter. The defense does not apply if the older person is already a registered sex offender or has a prior sexual assault conviction. It does not apply if the two are related in a way that would bar their marriage under Texas incest laws. And because it is an affirmative defense, the person charged has to raise and prove it at trial. Prosecutors can still file charges. A 19-year-old with a 15-year-old fits inside the three-year window. A 19-year-old with a 13-year-old does not, because the victim has to be at least 14.
You Cannot Argue You Thought They Were Older
This is where people get caught off guard. The statute says the offense applies “regardless of whether the person knows the age of the child at the time of the offense.” A fake ID, a convincing lie, meeting on an adults-only app: none of it is a defense under Texas law. The law puts the entire burden of verifying age on the older person.
Federal law is different on this one point. Under 18 U.S.C. Section 2243, a federal defendant can raise a defense based on a reasonable belief that the other person was at least 16.8Office of the Law Revision Counsel. 18 USC 2243 – Sexual Abuse of a Minor or Ward Most charges in Texas are state charges, so most defendants never get that option.
There Is No Filing Deadline
Texas has no statute of limitations for sexual assault of a child or aggravated sexual assault of a child. An offense from 2010 can be charged in 2030 or later. Many of these cases surface years after the fact, when the person who was abused is older or finally ready to come forward. Prosecutors can file whenever the evidence supports a case, no matter how much time has passed.
Sex Offender Registration Comes With Conviction
Any conviction under these statutes triggers mandatory registration under Chapter 62 of the Texas Code of Criminal Procedure. Registration is separate from, and on top of, prison time and fines. After release, you have to give local law enforcement your address, employment information, and a current photo, and keep that information updated.
How long you register depends on the offense. Aggravated sexual assault and continuous sexual abuse of a young child are classified as sexually violent offenses, which carry lifetime registration. Most other reportable offenses carry a 10-year registration period that starts when prison, community supervision, or the case itself ends, whichever comes last.
Verification is in person. Most registrants report once a year, within 30 days before or after their birthday. People convicted of a sexually violent offense two or more times report every 90 days.9State of Texas. Texas Code of Criminal Procedure Art 62.058 – Verification of Individuals Subject to Registration Missing a check-in or failing to update an address is itself a felony, with the degree scaling to your registration tier.10State of Texas. Texas Code of Criminal Procedure Art 62.102 – Failure to Comply With Registration Requirements
Registration reaches past the formal sentence. Texas law bars registered offenders from working in schools, daycares, and many other settings involving children. Many municipalities restrict where you can live relative to schools and playgrounds. Federal law requires a passport with a printed endorsement identifying the holder as a covered sex offender for anyone registered for an offense involving a minor, and the State Department will not issue a passport without it.11SMART Office. International Megans Law SORNA Statute in Review Many countries deny entry on that basis.
When the Case Goes Federal Instead
Most cases are prosecuted by Texas, but federal jurisdiction can apply when the conduct crosses state lines, happens on federal property such as a military base, or takes place in federal custody. Under 18 U.S.C. Section 2243, a sexual act with a person between 12 and 15 is a federal crime if the actor is at least four years older, punishable by up to 15 years in federal prison. Transporting a minor across state lines for sexual activity is a separate offense under 18 U.S.C. Section 2423, carrying 10 years to life. Federal sentences generally require serving at least 85 percent of the term before release, and federal registration under SORNA can require in-person reporting every three months for life.12SMART Office. SORNA In Person Registration Requirements