Texas’ “Romeo and Juliet” law helps teens who have not yet reached the state’s age of consent (which is 17) avoid facing a potential statutory rape conviction for having consensual sex with a peer.

For the “Romeo and Juliet” law to apply, the age gap must be no greater than three years. The law comes from Shakespeare’s classic tale of young star-crossed lovers.

However, the Romeo and Juliet Law is an affirmative defense, meaning you could still be arrested, charged with a felony, and have to appear in court. Read on to learn more about how this law works.

What does the Romeo and Juliet Law Do?

Romeo and Juliet laws make it legal for an adult to have sex with a minor, as long as the age gap between the two is no more than three years.

The statute recognizes that, although you have to be 17 in Texas to consent to sexual activity legally, minors should not face felony charges (and a lifelong criminal record) for engaging in consensual sex with a partner who is close to their age. 

The age gap varies in Texas based on the nature of the offense, but it is three years for teens in a consensual sexual relationship.

Typically, Texas’ Romeo-Juliet law helps protect teens from statutory rape charges. It applies to teens who are:

• Over the age of 14
• Having consensual sex 
• Within three years of age of their partner

Take this hypothetical, for example, from one concerned teen:

I started to date my girlfriend when I was 16. She was 14. I am now 17 and she is about to turn 15. Will I be protected by the Romeo and Juliet law? If I will be, will I be still protected when I turn 18 and she is 15? Then 19 after she turns 16? There is a 2.6 year difference. Will I be protected by this law?

The teen asking the above question would be protected by Texas’ Romeo and Juliet law, but he could still be arrested and charged with a felony offense. That’s because Romeo and Juliet laws are considered an “affirmative defense,” and any affirmative defense must be raised in court.

What is an Affirmative Defense?

An affirmative defense means a defendant acknowledges that the basic facts of the case against him or her are true. However, new information is introduced by the defense that will – if proven true – reduce the legal consequences and acquit our defendant.

Basically, a defendant admits to the conduct in question but provides a legally valid reason for his or her actions. Instead of establishing guilt or innocence, it offers reasons why a plaintiff should not win. 

In Texas civil cases, an affirmative defense must be asserted in their answer at the start of the case. In criminal cases, the defense doesn’t file an answer, so we have a bit more flexibility when crafting your case strategy.

In criminal cases, we could potentially raise it as late as when the jury charge is submitted. However, it is best to have a consistent case theory and argue the affirmative defense from the beginning.

Your attorney’s failure to properly assert the defense may prevent you from using it later. If properly raised, an affirmative defense typically will lead to a dismissal or acquittal. 

If the defense is not correctly raised or a teen is unable to use this defense, they may face a felony conviction, so an experienced defense attorney is essential.

Using the Romeo and Juliet Law as a Defense in Texas

The Romeo-Juliet statute applies only to young adults within the specific age range. For example, if a 17-year-old has sex with a 13-year-old, the statute does not apply. Additionally, an adult who is not within three years of age of an older teen (say, a 20-year-old and a 16-year-old) could also face statutory rape charges.

Statutory rape is a second-degree felony in Texas punishable by up to 20 years in prison. 

Sex Offender Registry Requirements

Typically, anyone convicted of a sex offense is required to register as a sex offender. However, the Romeo and Juliet law offers the potential for an exemption. Offenders who are age 19 or younger who are convicted of certain age-based sex offenses may be absolved from sex offender registration, as established by Article 62.301 of the Texas Code of Criminal Procedure. 

However, your lawyer must request this exemption, and you must meet the requirements established in the code to qualify.

Why Does Texas Have a Romeo and Juliet Law?

About 30% of teens have had sex by age 18, according to a report from the Centers for Disease Control and Prevention – 31% of females and 29% of males.

To protect them, several states have enacted Romeo and Juliet laws. The laws are based on the idea that young adults – like the characters in Shakespeare’s Romeo and Juliet – should not face lifelong criminal penalties for acting on natural romantic impulses.

Massachusetts and New York are the only states without Romeo and Juliet laws. Though these laws vary in terms of the specific age ranges they cover and the conditions under which they apply, they are all based on the same idea — to avoid labeling young people as sex offenders when both parties are close in age and willing participants. 

Many Texans have strong moral or religious beliefs about the age at which it is appropriate to have sex. The laws help shield teens from the potential legal ramifications of an angry parent or family member.

Romeo and Juliet Laws vs. Legal Age of Consent 

It’s important to distinguish Romeo and Juliet protections from state and federal laws establishing the age of consent. Though the age of consent in Texas for sexual activity is typically 17, federal law sets the age at 18. 

While state laws apply to physical sex, federal laws apply to online sexual activity (or sexting), and anyone age 18 or over is considered an adult. When adults sext with minors, the toughest penalties apply, and in this instance, a 17-year-old is considered a minor. Additionally, there is no three-year age gap protection.

If you are 18 and exchange racy photos with a classmate who is 17 – even with consent – you could face potentially harsh penalties. Texas law includes limited exceptions for minors who are married or in a pre-existing dating relationship who exclusively share private photos with their partner. These include:

• The pair’s age difference must not be more than two years
• The pair must have been involved in a dating relationship at the time the photos were exchanged

If you’re unsure whether the Romeo and Juliet law applies to your situation, contact us now to set up a free consultation.