What Is the Legal Age of Consent in Texas? Laws and Penalties

The legal age of consent in Texas is 17. Anyone younger than 17 is treated by the Texas Penal Code as a child who cannot legally agree to sexual activity, no matter the circumstances.¹ Two things complicate that simple number: the threshold rises to 18 when the older person has authority over the minor, and a defendant’s belief about the minor’s age carries no legal weight.

Section 22.011 of the Penal Code defines a “child” as a person younger than 17.² If one participant is under that age, the law treats any sexual contact as nonconsensual by default. Whether the younger person initiated contact, agreed verbally, or appeared willing does not change the analysis. The same under-17 threshold runs through the related offenses of indecency with a child and online solicitation of a minor.¹

The Close-in-Age Defense for Teenagers

Texas recognizes that two teenagers close in age are not the same situation as an adult targeting a child. Section 22.011 includes an affirmative defense, often called the Romeo and Juliet law, that can prevent conviction when all of the following are true:

The older person was not more than three years older than the younger person.
The younger person was at least 14 at the time.
The older person was not already required to register for life as a sex offender and had no prior reportable conviction for sexual assault.
The younger person was not someone the older person was prohibited from marrying under Section 25.01, such as a close relative.

A consensual relationship between an 18-year-old and a 15-year-old can qualify because the gap is exactly three years and the younger person meets the age floor. A 19-year-old with a 15-year-old would not, because the gap exceeds three years.²

One detail catches people off guard. This is an affirmative defense, not an exemption from prosecution. Charges can still be filed, the case can still go to trial, and the defendant bears the burden of proving the defense applies. Prosecutors sometimes decline to file when the defense is clearly available, but there is no guarantee of that.

Believing the Minor Was Older Is Not a Defense

Texas treats sexual offenses involving minors as strict liability on age. If the other person was under 17, what the defendant believed about their age is legally irrelevant. Section 21.11 states this directly, applying “regardless of whether the person knows the age of the child at the time of the offense.”³

A fake ID, a bar’s age-restricted door policy, or a direct lie from the minor does not shield the older person. Prosecutors do not need to prove the defendant knew the real age. This is the single most common misconception about consent law in Texas, and it is where most people’s intuition about fairness collides with how the statute actually works.¹

When the Age of Consent Is 18 Instead of 17

When the older person holds a position of trust or authority over the minor, the age of consent effectively rises to 18. Section 22.011(b) lists the covered relationships, including teachers, coaches, clergy members, healthcare providers, employees of facilities where the minor resides, and anyone else in a supervisory or custodial role over the younger person.¹

Under this provision, a 23-year-old teacher who has a sexual relationship with a 17-year-old student commits sexual assault, even though 17 is the general age of consent. The Romeo and Juliet defense does not apply in these situations regardless of how small the age gap might be.²

Criminal Penalties

Penalties depend on the specific conduct and the victim’s age, and they escalate steeply as the victim gets younger.

Sexual Assault of a Child

Under Section 22.011, sexual assault of a child is a second-degree felony. A conviction carries 2 to 20 years in prison and a possible fine of up to $10,000.²⁴ This is the baseline charge when the victim is under 17 and no aggravating factors apply.

Aggravated Sexual Assault

When the victim is younger than 14, the charge typically rises to aggravated sexual assault under Section 22.021, a first-degree felony. The sentencing range jumps to 5 to 99 years or life in prison, plus a possible fine of up to $10,000.⁵ A 25-year minimum applies in certain cases involving victims under 14 and in all cases where the victim is under six.⁶

Indecency With a Child

Sexual contact with a child under 17 that does not rise to sexual assault may still be prosecuted as indecency with a child under Section 21.11. Contact offenses are second-degree felonies, carrying the same 2-to-20-year range. Exposure offenses are third-degree felonies.³

Sex Offender Registration

A conviction for a sexual offense against a minor triggers mandatory registration under the Texas Sex Offender Registration Program, administered by the Texas Department of Public Safety.⁷ Under Code of Criminal Procedure Chapter 62, registration periods range from 15 years to life depending on the offense and prior convictions. A first conviction for indecency by exposure carries 15 years; aggravated sexual assault generally requires lifetime registration on a first offense.⁸

Registration affects far more than paperwork. Registrants face restrictions on where they can live and work, appear in publicly searchable databases, and must report address changes and other personal details to law enforcement throughout the registration period. For someone convicted of a strict-liability offense they did not realize was a crime, the registration requirement often becomes the most life-altering consequence, lasting years or decades after any prison sentence has ended.

Federal Law Uses 18, Not 17

Texas state law governs most consent-related prosecutions, but federal law takes over whenever conduct crosses state lines, and it uses a different age. Under 18 U.S.C. § 2423, knowingly transporting a person under 18 across state lines with intent that they engage in sexual activity is a federal offense carrying a minimum of 10 years in prison and a maximum of life.⁹ Traveling interstate with intent to engage in illicit sexual conduct with someone under 18 carries up to 30 years.

Because the federal threshold is 18 rather than 17, conduct lawful under Texas state law between a 20-year-old and a 17-year-old can become a federal crime if it involves crossing a state border with sexual intent. Federal and state charges can be brought simultaneously, and federal sentencing tends to be harsher than Texas state penalties for comparable conduct.

1
Texas State Law Library. What Is the Age of Consent for Sex in Texas?
2
State of Texas. Texas Penal Code 22.011 – Sexual Assault
3
State of Texas. Texas Penal Code 21.11 – Indecency With a Child
4
State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
5
State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment
6
State of Texas. Texas Penal Code 22.021 – Aggravated Sexual Assault
7
Texas Department of Public Safety. Texas Sex Offender Registration Program
8
Texas Department of Public Safety. Texas Length of Duty to Register Compared to the Minimum Registration Period Required Under SORNA
9
Office of the Law Revision Counsel. 18 U.S. Code 2423 – Transportation of Minors