The Age of Consent in Texas: Everything You Need to Know
Sex isn’t as clear-cut as it used to be. In fact, making the wrong choice with regards to your personal life can land you in HOT water!
Because laws can be misinterpreted, it is important to be completely clear on the age of consent as well as any stipulations. Being ignorant isn’t a great defense.
Keep reading for more information about the age of consent in Texas!
Age of Majority Does Not Mean Age of Consent
At the age of 18, people can vote and enlist in the military. It would make sense that this would also be the age of consent in Texas.
It’s not.
The age of consent is actually 17. When a person reaches the age of 17, the state of Texas has concluded that they are old enough to make their own decisions regarding sex.
This means that if a 17-year-old wants to sleep with someone 10 or 20 years older than they are, it is legal. As parents, you may not feel this is correct and disagree with this choice, but each consenting party is within their full rights to do so.
Younger People Can Consent, Too
Yes, the age of consent is 17. However, there is a stipulation that teens as young as 14 can consent to sex.
The rules change when one party is under 17. Basically, a 14-year-old can consent to sex with a 17-year-old but not an 18-year-old. Or a 15-year-old can have sex with an 18-year-old, but not 19.
It’s a three-year rule–if someone under the age of 17 consents to sex, it is not statutory rape as long as the other party is within 3 years of age.
Romeo & Juliet Laws
The above laws are considered to be ‘Romeo and Juliet’ laws. These seem pretty straightforward but there are a few other things to know.
They are meant to protect young lovers from being prosecuted and having to register as sex offenders.
These laws are not designed to protect teachers attempting to have relations with students–no matter the age of consent or difference in years.
They also do not protect corrections officers dealing with juveniles, again, no matter the ages. This is because of the Prisoner Rape Elimination Act of 2003.
The Romeo and Juliet laws also do not protect mental health providers close in age to victims nor do they protect someone who willingly and knowingly preys on someone with a developmental disability.
Romeo and Juliet laws must be followed carefully to avoid any type of prosecution. Basically, it comes down to birthdates. Even if the 14-year-old consents to having sex with a 17-year-old, their birthdates may show them as slightly more than 3 years apart.
If the 17-year-old is caught and prosecuted, under the Romeo and Juliet laws, he would not have to file as a sex offender. However, he would still face charges for his crimes.
Possible Charges Involving Age of Consent in Texas
There is always a chance that the most well-meaning person could become involved with someone underage. Regardless of your knowledge of that person’s age, or if they lied about how old they were, the crime falls back on you.
There are a number of possible charges that involve minors, sex, and the age of consent. Here are a few:
- Indecency with a child by exposure or contact- this involves exposing or touching one party’s genitals, anus, or breasts. Indecency charges follow the 17-years-of-age consent as well as the Romeo and Juliet laws.
- Online Solicitation of a minor- sexually contacting someone who is under the age of 17 is a crime, and can be prosecuted even if the person contacted is of age. This is because you believed you were contacting a minor. Sexting and sending explicit messages may seem somewhat harmless, but if an 18-year-old is sending these types of things to a 14-year-old, charges can be filed.
- Child pornography- many people shy away from this subject, but it is important. Most people consider child pornography to include very young children–but it doesn’t have to. Pornography depicting young actors can be equally at fault if these individuals haven’t met the age of consent.
False Allegations of Sexual Crimes
Oftentimes, the news talks about women who claimed to be raped but weren’t. This isn’t to say it doesn’t happen or that rape cases shouldn’t be prosecuted.
The point being made is that sometimes upset parents or other manipulative people can press charges against someone innocent. As unfortunate as this is, it will still require work to regain your good name.
In the state of Texas, we are fiercely protective of our children and sometimes allegations can be made without proper research. Regardless of the motive, having false charges pressed against you is no joke, with very real consequences.
Similarly to actually committing a sex crime against a child, you will absolutely need an attorney. Some defense attorneys may shy away from your case or treat you as a criminal due to the nature of the allegations.
The problem with that mentality is that they could be putting an innocent man or woman behind bars for a very long time. Even if prison doesn’t come into play, registering as a sex offender is not a pleasant experience.
Finding a Strong Defense
If you have committed any of the crimes listed, or are being charged with other offenses in relation to the age of consent in Texas, consider hiring an attorney.
Of course, there are public defenders and other criminal defense lawyers, but finding someone to defend against serious crimes is not to be taken lightly.
Convictions of sex crimes involving minors can carry 2 to 20 years of prison time, 25 years with no parole, or even life. As mentioned above, after leaving prison, you must register as a sex offender.
The best defense against these types of crimes is not to commit them in the first place. However, mistakes happen and people can create false reports.
Regardless of the situation or if you have questions concerning aspects of consent laws in Texas, contacting us will prove to be your best decision!
Request a Free Consultation from Sex Crime Attorney Mario Madrid
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