The age of consent in Texas is 17 years old. Anyone younger than 17 cannot legally consent to sexual activity under Texas state law, regardless of their apparent willingness. Understanding the age of consent in Texas — including the close-in-age exemption, penalties, and how the law applies online — matters for young people, parents, educators, and anyone navigating Texas’s legal framework around relationships. This guide covers the law clearly and accurately.
Texas Age of Consent – The Core Rule
Under Texas Penal Code Section 22.011, sexual contact with a person younger than 17 constitutes sexual assault. The law applies equally regardless of gender or sexual orientation. Furthermore, the younger person’s apparent willingness does not matter legally — Texas does not recognize consent from anyone under 17. Consequently, adults who engage in sexual activity with anyone under 17 face serious criminal charges, mandatory sex offender registration, and potential prison sentences measured in decades.
Romeo and Juliet Law in Texas – The Close-In-Age Exemption
Texas Penal Code Section 22.011(e) establishes a close-in-age exemption commonly called the Romeo and Juliet law. Two conditions must both be met for the exemption to apply: the younger person must be at least 14 years old, and the age difference between the two individuals must be no more than three years.
Under this exemption, a 16-year-old and a 19-year-old can legally engage in consensual sexual activity — because the gap is exactly three years and the younger party is over 14. However, a 15-year-old and a 19-year-old cannot — the gap exceeds three years. Additionally, this exemption does not apply when one person holds a position of authority over the other, such as a teacher, coach, or employer, regardless of how small the age difference is.
Penalties for Age of Consent Violations in Texas
| Offense | Classification | Sentence Range |
|---|---|---|
| Sexual assault of a minor (under 17) | Second-degree felony | 2–20 years prison |
| Aggravated sexual assault of a child (under 14) | First-degree felony | 5–99 years or life |
| Indecency with a child by contact | Second-degree felony | 2–20 years prison |
| Indecency with a child by exposure | Third-degree felony | 2–10 years prison |
Convictions under these statutes typically require registration as a sex offender, which carries lifetime consequences for housing, employment, and personal relationships. Texas has no statute of limitations for aggravated sexual assault of a child — charges can be filed at any time, no matter how many years have passed.
Online Solicitation and the Age of Consent
Texas law extends well beyond in-person conduct. Online solicitation of a minor under Texas Penal Code Section 33.021 makes it a felony to communicate with a child under 17 through electronic communication for sexual purposes — even if no physical meeting ever occurs. Texas law enforcement agencies conduct regular undercover operations targeting online solicitation, and prosecutions are common. Additionally, the offense is committed at the moment the communication occurs — not when or if a meeting takes place.
Marriage Age in Texas
Texas law sets the marriage age at 18 without parental consent. In 2017, Texas legislation removed judicial authority to approve marriages for most minors under 18 — a significant change that effectively ended child marriages in the state. As a result, Texas now has one of the more restrictive marriage-age policies in the South.
For more Texas legal guides, read our articles on common law marriage in Texas, Texas public court records search, and Texas Real ID requirements.
Frequently Asked Questions About Age of Consent in Texas
What is the age of consent in Texas?
The age of consent in Texas is 17 years old under Texas Penal Code Section 22.011. Anyone under 17 cannot legally consent to sexual activity in Texas, regardless of apparent willingness.
Is there a Romeo and Juliet law in Texas?
Yes. Texas has a close-in-age exemption allowing consensual sexual activity between teens when the younger partner is at least 14 and the age difference is no more than three years. This exemption does not apply when one party is in a position of authority over the other.
What are the penalties for violating age of consent laws in Texas?
Sexual activity with someone under 17 can result in charges from sexual assault (second-degree felony, 2-20 years) to aggravated sexual assault of a child (first-degree felony, 5-99 years). Convictions typically require lifetime sex offender registration.
Does Texas have a statute of limitations for sex crimes against children?
Texas has no statute of limitations for aggravated sexual assault of a child. Prosecutors can file charges at any time regardless of how many years have passed since the offense.
At what age can someone marry in Texas?
The legal marriage age in Texas is 18 without parental consent. Legislation in 2017 removed judicial authority to approve underage marriages in most circumstances, making Texas one of the stricter states in the South on this issue.
