Texas Romeo and Juliet Law: Age of Consent, Close-in-Age Rules, and Penalties
Texas sets the age of consent at 17 and codifies one of the clearest Romeo and Juliet provisions in the country. Under Texas Penal Code § 22.011(e), a partner within 3 years of the minor — and at least 14 years old themselves — has an affirmative defense to prosecution. This page walks through how Texas's close-in-age defense actually works in practice, what aggravating facts strip the defense away, the penalties that still apply to non-protected conduct, and the registration consequences that surprise many families.
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1. Does Texas Have a Romeo and Juliet Law?
Yes. Texas has a true Romeo and Juliet defense built into its sexual-assault statute. Texas Penal Code § 22.011(e) provides an affirmative defense when the actor was not more than 3 years older than the victim, the victim was at least 14 at the time of the conduct, the conduct was consensual, and the actor was not required to register as a sex offender. The defense is one of the most generous in the U.S. because it applies to the main sexual-assault charge — not just to a lower-tier offense like California's PC § 261.5.
2. Age of Consent in Texas
The age of consent in Texas is 17. Any sexual contact with a person under 17 is potentially a sexual-assault offense under Penal Code § 22.011 unless a statutory defense applies. Texas does not use a separate 'statutory rape' label — it folds underage conduct into the same sexual-assault statute as forcible offenses, which is why the close-in-age defense matters so much. Without § 22.011(e), even a consensual relationship between a 16- and 18-year-old would expose the older partner to a second-degree felony.
3. Close-in-Age Exception Explained
The § 22.011(e) defense has four requirements that all must be met: (1) the partner was not more than 3 years older than the minor; (2) the minor was 14 or older at the time of the conduct; (3) the contact was consensual; and (4) the partner was not already a registered sex offender or required to register. If any one fails, the defense disappears and the case reverts to a standard sexual-assault prosecution. The defense is 'affirmative,' meaning the defendant must raise and prove it by a preponderance of evidence — it is not automatic.
4. Legal Age Gap Rules
The bright line in Texas is 3 years and the minor must be at least 14. A 16-year-old and a 19-year-old fall inside the defense. A 14-year-old and a 17-year-old fall inside (3-year gap, minor is 14). A 13-year-old and any older partner falls outside — the minor is under 14, so the defense never applies. A 15-year-old and a 19-year-old falls outside — the gap exceeds 3 years. There is no extension for relationships that began before either party crossed a threshold; the analysis is fact-specific to the conduct charged.
5. What Is Not Protected?
The Romeo and Juliet defense does not apply to several categories of conduct in Texas:
- Any sexual contact with a child under 14 — prosecuted as aggravated sexual assault under Penal Code § 22.021 (first-degree felony with a 25-year minimum if the child is under 6, or under 14 with aggravating factors)
- Conduct involving force, threats, drugs, or incapacitation — charged as forcible sexual assault regardless of age gap
- Sexual contact by a teacher, coach, clergy, or other authority figure with a student — covered by separate statutes such as Penal Code § 21.12 (improper relationship between educator and student)
- Production, possession, or transmission of sexual images of anyone under 18 — separate child-pornography exposure under Penal Code § 43.26
- Online solicitation of a minor under Penal Code § 33.021, which has its own age-gap defense but only when the actor is within 3 years and under 17
6. Examples
A 19-year-old and a 16-year-old who attend the same college are in a consensual relationship.
Likely outcome: The § 22.011(e) defense applies — 3-year gap, minor is over 14, conduct consensual, partner not a registered offender. Charges may still be filed, but the defense is generally a complete bar to conviction.
An 18-year-old has consensual sex with a 14-year-old.
Likely outcome: Inside the defense — exactly 4-year-and-under gap with minor at the 14 threshold. Note many prosecutors push hard on these cases; the defense must be properly raised and supported at trial.
A 20-year-old has consensual sex with a 16-year-old.
Likely outcome: Outside the defense — gap is 4 years. The conduct is a second-degree felony sexual assault under § 22.011, with 2-20 years prison exposure and lifetime registration on conviction.
7. Possible Penalties
Texas penalties for underage sexual conduct are severe when the Romeo and Juliet defense does not apply. The base sexual-assault offense is a second-degree felony, and aggravating factors quickly escalate exposure to first-degree felonies with decades-long minimums.
| Charge | Penalty Range |
|---|---|
| Sexual assault — § 22.011 (no defense) | Second-degree felony: 2-20 years in state prison and a fine up to $10,000. |
| Aggravated sexual assault — § 22.021 | First-degree felony: 5-99 years or life. 25-year minimum if victim is under 6 or under 14 with serious bodily injury/threats. |
| Indecency with a child by contact — § 21.11(a)(1) | Second-degree felony: 2-20 years prison and lifetime registration. |
| Improper educator-student relationship — § 21.12 | Second-degree felony with mandatory registration; applies regardless of age. |
| Online solicitation of a minor — § 33.021 | Third-degree felony (2-10 years) or second-degree if the minor is under 14. |
8. Sex Offender Registration Risk
Sex offender registration is required for virtually all sexual-assault convictions in Texas under Chapter 62 of the Code of Criminal Procedure. Lifetime registration applies to convictions under §§ 22.011, 22.021, 21.11, and 21.12. Deferred adjudication can sometimes avoid registration in narrow circumstances, and a successful Romeo and Juliet defense avoids conviction (and therefore registration) entirely. Texas also offers a limited 'early termination' petition under CCP Art. 62.404 for certain registrants whose original offense qualifies under the § 22.011(e) age-gap criteria — a critical reason to document the defense even when a plea is being negotiated.
9. Official Statute Sources
Primary Texas statutes and official government resources cited in this guide:
- Texas Penal Code § 22.011 — Sexual AssaultTex. Penal Code § 22.011View official source
- Texas Penal Code § 21.11 — Indecency with a ChildTex. Penal Code § 21.11View official source
- Texas Penal Code § 33.021 — Online Solicitation of a MinorTex. Penal Code § 33.021View official source
- Texas Code of Criminal Procedure Ch. 62 — Sex Offender RegistrationTex. Code Crim. Proc. art. 62.001 et seq.View official source
10. When to Talk to a Lawyer
Anyone questioned by Texas law enforcement about a relationship with a minor — including school resource officers and CPS investigators — should consult a Texas criminal-defense attorney before making any statement. Even when the Romeo and Juliet defense clearly applies, the defendant must affirmatively raise and prove it. Pre-indictment intervention can prevent charges from ever being filed, and post-conviction relief under CCP Art. 62.404 can sometimes remove a defendant from the registry years later.
11. Frequently Asked Questions
Frequently Asked Questions
Sources & Legal Citations
This article references official government publications, state statutes, and reputable legal databases. Statutes change — always verify with a current primary source or licensed attorney.
- 1. Texas Penal Code § 22.011 — Sexual AssaultTex. Penal Code § 22.011View source
- 2. Texas Penal Code § 21.11 — Indecency with a ChildTex. Penal Code § 21.11View source
- 3. Texas Penal Code § 33.021 — Online Solicitation of a MinorTex. Penal Code § 33.021View source
- 4. Texas Code of Criminal Procedure Ch. 62 — Sex Offender RegistrationTex. Code Crim. Proc. art. 62.001 et seq.View source