The age of consent in Texas – the age at which you can legally consent to sexual activity – is 17.

This means that individuals who are age 17 or older can legally engage in consensual sex with peers who are at least 17. However, some exceptions protect teens who are within three years of age from prosecution.

At What Age Can You Legally Have Sex in Texas?

The age of consent is important because it legally defines the age at which a person is considered mature enough to agree to engage in sexual activity. 

The Texas Penal Code uses different definitions of “child” and “minor” based on the offense. In this instance, Section 21.11 prohibits sexual conduct with a child younger than the age of 17, and Section 22.011, which defines sexual assault of a child, specifies that a child is anyone under the age of 17.

However, this doesn’t mean that it’s entirely illegal for someone under 17 to have sex. Texas recognizes that some young people may feel ready to make their own relationship decisions. In those instances, so-called “Romeo and Juliet” laws offer some protections.

What is the Romeo and Juliet Law?

The state’s Romeo and Juliet law is intended to protect young adults or teenagers who have consensual sex from prosecution. The teens must be:

• Within three years of age
• Both over the age of 14
• Willingly engaging in sexual conduct

In these instances, charges could be reduced or even dismissed.

Texas’ Romeo and Juliet statute recognizes that, although a person must be 17 in Texas to legally consent to sexual activity, minors should not face felony prosecution – or be labeled as sex offenders – for willingly engaging in sexual activity with peers.

Though defendants can still be arrested and charged, in many cases, the charges are reduced or dismissed.

However, to fully understand the protections these laws offer, it’s important to distinguish between legal consent and consent.

What’s the Difference Between Consent and Legal Consent?

Consent, in general, is a mutual agreement. Two people are choosing to have sex without coercion, manipulation, or force. Though a partner of any age can technically consent, this doesn’t always mean the activity is legally permissible.

Legal consent refers to the age, capacity, and conditions under which the law recognizes someone as being able to give valid consent to sexual activities.

If your partner is younger than 17 and the age gap is over three years, consent will not meet legal requirements. 

For example, a 20-year-old is breaking the law by sleeping with a partner who is 16, even if that partner has given written consent and the couple is involved in a long-term relationship. That 20-year-old could end up facing criminal charges, including statutory rape, aggravated sexual assault, indecency with a child by exposure, or indecency with a child by contact. They may even have to register as a sex offender.

What is the Federal Age of Consent?

While in most cases, the state law will trump federal laws, the federal age of consent is 18

For online sexual activity, federal law has jurisdiction (whether or not the offenders are in Texas).

This means that if an adult is busted exchanging lewd photos or graphic videos with someone under 18, Texas’ Romeo and Juliet Law may not protect them.

Texas Laws

The Texas Penal Code does not include an item that specifically states the age of consent. Instead, it varies based on the alleged offense. While 17 is a standard, each offense has a slightly different definition of a “minor” or “child.”

Offense	Definition of “child” or “minor”	Defines a “child” as anyone under the age of 18.	Legal defense	Statute
Sexual assault	Defines “child” as someone younger than 17	Three years	Applies to anyone “not more than three years older than the victim,” as long as a victim is “14 years of age or older.” (See the statute for additional requirements)	Penal Code Section 22.011
Indecency with a child	A child is “younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense.”	Three years	Applies to anyone “not more than three years older than the victim and of the opposite sex” who “did not use duress, force, or a threat against the victim” and “was not required to register for life as a sex offender.”(See the statute for additional requirements)	Penal Code Section 21.11
Online solicitation of a minor	Defines a “minor” as “an individual who is younger than 17 years of age” or “an individual whom the actor believes to be younger than 17 years of age.”	Three years	Applies to offenders who are “not more than three years older than the minor,” as long as the minor consented to the offense.	Penal Code Section 33.021
Sexual performance by a child	Defines a “child” as anyone under age 18.	Two years	This applies to offenders who are “not more than two years older than the child.”	Penal Code Section 43.25
Electronic transmission of certain visual material depicting minor	Defines a “child” as anyone under the age of 18.	Two years	Applies to offenders who are “not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense.” (See statute for other provisions)	Penal Code Section 43.261
Continuous sexual assault	Defines a “child” as someone younger than 14 years of age,” regardless of whether the offender knows the age of the victim at the time of the offense.	Five years	The offender must not be more than five years older than: (A) the victim of the offense, if the offense is alleged to have been committed against only one victim;  or (B) the youngest victim  (2) did not use duress, force, or a threat against a victim	Penal Code Section 21.02

Will You Have to Register as a Sex Offender?

Any offender who is 19 or younger and is convicted of one of the offenses listed above may not be required to register as a sex offender due to the state’s “Romeo and Juliet” law (Section 42.017 of the Texas Code of Criminal Procedure). 

However, this requires a court order that either exempts the offender from registration or classifies the registration information as nonpublic. 

Texas Code of Criminal Procedure § 62.352 says that courts can exempt juvenile offenders from sex offender registration if the offender establishes that registration:

• Will not increase public protection or
• The significant harm to a juvenile offender or family members that results from registration would outweigh any potential public protection

Under a plea deal or after a hearing, juvenile courts can order that:

• Registration requirements are deferred until the offender has completed any court-ordered treatment
• Juvenile offenders must register as sex offenders, but that registration will not be made public – it will be limited to use by criminal justice agencies, law enforcement, the Council on Sex Offender Treatment, and public or private universities.

Remember that even if you don’t have to publicly register as a sex offender, any college or institute of higher education will be able to find out about your transgression, so it’s essential to take any allegation involving a minor very seriously.

More Commonly Asked Questions

Is it Illegal to Date a Minor in Texas?

This is tricky. In November 2023, Texas Gov. Greg Abbott signed an overly broad “grooming” law (Texas Penal Code 15.032) and “dating a minor” could potentially fall within the scope of the statute.

The state’s Romeo and Juliet law establishes that it is not illegal for someone who is 18 or 19 to date a peer who is younger than 17. It is illegal to have sex with anyone between the ages of 14 and 17 if you’re more than three years older than your partner, even if you’re in a dating relationship and the sex is consensual. Violations could result in a statutory rape charge.

What If You’re Unaware of Your Partner’s Age?

Sexual activities are typically illegal regardless of whether you know your partner’s age at the time of the offense. This includes when:

• The minor in question lied about his or her age
• You had a reasonable belief that the minor was old enough to consent

If a minor is too young to consent, you could face statutory rape or sexual assault charges.