The age of consent in Texas is 17 years old, and any sexual activity involving a minor under the age of 17 may form the basis of a civil claim for sexual assault, even if the person facing charges related to the crime is not prosecuted. Victims of sexual misconduct, sexual assault, or sexual contact that occurred while they were legally unable to consent may be entitled to compensation under personal injury laws in Texas. Civil lawsuits can be filed against adults, institutions, or organizations that enabled, ignored, or failed to report sexual conduct involving minors. Claims often arise from statutory rape, sexual exploitation, or sexual relations involving adults years older than the victim.
Our Houston sexual abuse lawyers work tirelessly to help survivors understand their legal rights under Texas consent laws and seek justice against those responsible.
To schedule a free consultation and speak with an experienced attorney, please call our Houston office at 713-622-7271.
What Is the Age of Consent in Texas?
The legal age of consent in Texas is 17 years old. Even a difference in age of just a few months can result in a sex crime charge if one party is under the age of consent. Texas law applies to everyone equally in this regard, no matter the gender or sexual orientation of the parties involved. The law clearly states that consensual sex does not occur until a person turns 17.
In Texas, someone under the age of 17 cannot legally consent to any kind of sexual contact, sexual conduct, or sexual act. Even if consent is given by both parties prior to sexual relations, consensual sex can still be considered statutory rape if one of the parties is not a minor.
Here’s an example. Let’s say that Person A is 17 years old. Person B is 16 years old. If the two parties engage in sexual intercourse before Person B’s 17th birthday, this could result in a charge of indecency with a child. It is not possible for any sexual acts between the two to be considered consensual, as Person B is too young to legally consent to anything. Indecency with a child is considered a second-degree felony in Texas, and it carries a penalty of 2 to 20 years in prison.
The penalties increase significantly if the minor in question is under the age of 14. Under Texas law, having sexual intercourse with someone younger than 14 is considered aggravated sexual assault. This is a first-degree felony, and the punishment is anywhere from 5 years to life in prison.
Age of Consent Outside Texas
The states bordering Texas are Louisiana, Arkansas, Oklahoma, and New Mexico. It’s important to understand the age of consent in each state, as the variation can make all the difference in a criminal or civil case. Below, we outline the age at which someone can legally consent to a sexual relationship in the states bordering Texas.
- Arkansas: 16 years old
- Louisiana: 17 years old
- New Mexico: 16 years old
- Oklahoma: 16 years old
As we stated before, these laws apply to all cases equally, regardless of gender or sexual orientation. No matter whether the individuals involved were of the same or opposite sex, the legal age of consent still applies.
Why Is There a Legal Age of Consent in Texas?
The purpose of having a legal age of consent in Texas is to protect minors and adolescents from suffering from sexual crimes such as abuse or assault. Additionally, many studies have shown that early sexual activity can have significant negative consequences when it comes to the rights and development of a child younger than the age of consent.
Consent laws exist primarily to protect teenagers and younger children, but they also exist to protect against certain risks to their reproductive and sexual health. Engaging in underage sexual activity can lead to early pregnancy, unwanted pregnancy, and even sexually transmitted diseases (STDs).
When statutory rape, sexual assault, or any other sex crimes occur against minors, the consequences go far beyond criminal charges. One related question we often hear is, “Can you sue someone for giving you an STD?” Read our related blog to learn if you qualify for a lawsuit.
Young adults and children often see lasting mental and emotional consequences and problems after being the victims of sex crimes. This is why consent law is so incredibly important, as are the laws that protect against sexual assault.
Laws Governing Texas Age of Consent
Although the age of consent varies from state to state, each state clearly outlines the age of sexual consent. The Texas Penal Code (TPC) establishes Texas’s age of consent at 17. However, other laws and statutes enforce this rule in more specific ways. Below, we outline the two most important parts of the TPC when it comes to the age of consent in Texas.
- Texas Penal Code Section 21.11: This section specifically prohibits any sexual conduct with a child younger than 17 in Texas. It also states that a person commits a criminal offense if they engage in any form of sexual contact with a minor.
- Texas Penal Code Section 22.011: This section clearly defines sexual assault of a minor. A minor is anyone under the age of 17 in Texas.
What Is the Romeo and Juliet Law in Texas?
The Texas Romeo and Juliet Law allows those between the ages of 14 and 17 to engage in consensual sexual activities with someone who is no more than 3 years older than them. Therefore, someone who is 17 can engage in sexual intercourse with someone who is 14 without facing criminal charges or being listed on the sex offender registry under the state’s Romeo and Juliet law. Whether the teenagers are the same age or if there is only a slight age difference, the Romeo and Juliet law protects them from legal issues.
What Are the Penalties for Violating Age of Consent Laws in Texas?
As with most charges involving minors, serious legal consequences will arise for anyone accused of sexually exploiting minors, Texas law has five main charges when it comes to sexual activity with a child.
- Aggravated sexual assault
- Continuous sexual abuse of a child
- Indecency with a child
- Statutory rape
- Prohibited sexual conduct
Sex Crimes Against Minors in Texas
If someone is convicted of any of the following crimes involving minors in Texas, one of the required punishments for the reportable conviction is to register as a sexual offender.
- Sexual assault
- Continuous sexual abuse of a young child or children
- Sexual performance by a child
- Prohibited sexual conduct
- Online solicitation of a minor
- Promotion or possession of child pornography
- Indecency with a child
- Obscenity
Registering as a sex offender is only one of the punishments that those who engage in sexual misconduct with children may face. Depending on the specific charge, some offenders may face first-degree felony charges and life in prison. Sexual assault of a child is a second-degree felony in Texas, with up to 20 years in prison and fines up to $10,000.
Additionally, there is no statute of limitations for this crime. That means that offenders can be charged at any point for this crime. In the following sections, we outline the potential punishments for other sexual crimes against children.
Aggravated Sexual Assault of a Child
This is a first-degree felony with up to life in prison. If the child involved was under the age of 14, there is no chance of parole unless the offender serves at least half of their sentence. There is no statute of limitations for this crime. Obviously, very serious crimes such as these deserve very serious consequences.
Statutory Rape
The penalties for this crime depend largely on the age of the victim at the time of the incident, as well as exactly what sexual act occurred. Potential charges under the umbrella of statutory rape include sexual assault of a child, aggravated sexual assault of a child, and indecency with a child.
Exceptions to Statutory Rape Charges in Texas:
The Romeo and Juliet Law in Texas counts as an affirmative defense against a statutory rape charge in the Texas legal system. An affirmative defense allows someone to be cleared of criminal liability if the evidence they present is found to be credible. If the younger person is at least 14 and if the older person is no more than 3 years older, the older person cannot be charged with statutory rape.
Another affirmative defense and legal exception occurs if the two parties are legally married. With either a court order or parental consent, someone may get married as early as age 16 in Texas. Therefore, someone who marries a 16-year-old may not be charged with statutory rape if the two parties engage in sexual activities.
Compelling Prostitution
This is a first-degree felony charge that involves forcing or causing by any means a minor to commit prostitution. The charge stands regardless of whether the offender knew the age of the victim. The minimum jail sentence for this crime is 5 years in prison, up to 99 years. Offenders can also be fined $10,000.
Child Pornography
Possessing or viewing child pornography in Texas is a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine. A prior conviction raises the charge to a second-degree felony with up to 20 years in prison. Three or more charges can result in up to 99 years.
Indecency with a Child
In Texas, indecency with a child includes two offenses: by contact and by exposure. Contact is a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine. Exposure is a third-degree felony, carrying 2 to 10 years in prison and the same fine, and involves showing genitals to a minor with the intent to arouse or cause sexual desire.
Sex Offender Registration in Texas
For many of the crimes we outlined above, a convicted person must register as a sex offender. This registry is fully accessible to the public, and failing to complete one’s registration is a serious felony. Sex offenders in Texas are divided into 3 different categories according to their level of risk.
- Low-risk offenders: The person is unlikely to commit future sex crimes.
- Moderate-risk offenders: The person may continue to commit sex crimes.
- High-risk offenders: The person poses a threat of committing sexual offenses.
Pursuing civil and criminal charges against sexual offenders is incredibly important, as having their name in the sex offender registry could save someone from future abuse.
Most Common Situations Where Violating Age of Consent in Texas Occurs
The age of consent in Texas is 17. Violating age of consent laws often arises in situations involving older teenagers or adults engaging in sexual activity with someone under the legal age to consent. Common cases include sexual relations between a minor and a partner three years older or more, especially when the age difference places the older person outside the Romeo and Juliet protections.
High-risk scenarios include relationships involving alcohol, text-based or online communication, or visual material.
Church Age of Consent Violations
Violating the age of consent in Texas often involved people in positions of religious authority engaging in inappropriate sexual conduct with minors who are not legally permitted to consent under Texas law. These civil claims typically involve a violation of trust, emotional harm, and long-term trauma. Our Houston clergy and archdiocese sexual abuse lawyers represent individuals seeking financial recovery for abuse that occurred within religious institutions. We also provide skilled Houston Jehovah’s Witness sexual abuse claims assistance and Houston LDS sexual abuse claims assistance, holding religious organizations responsible for failure to prevent or report minors being sexually exploited.
Private and Public School Age of Consent Violations
Private and public school age of consent violations often involve teachers, coaches, or staff engaging in sexual conduct with students who are not legally able to understand under the age of consent law in Texas. These cases frequently lead to civil claims against both the individual and the school for negligent supervision or failure to protect the student. A Houston school sexual assault lawyer can help victims pursue financial damages for emotional trauma, psychological harm, and school failures that allowed the minor to be sexually exploited.
Summer Camp Age of Consent Violations
Summer camp age of consent violations often involve counselors or adult staff engaging in inappropriate sexual conduct with underage campers who are legally unable to consent under Texas age of consent laws. Camps that fail to screen employees, enforce supervision policies, or respond to reports of campers being sexually exploited may face civil liability. A Houston summer camp sexual abuse attorney can help victims file claims against both the individual and the organization for negligence, emotional damage, and long-term trauma.
Doctor and Medical-Related Age of Consent Violations
Doctor and medical-related age of consent violations occur when physicians, therapists, or medical staff violate minors under the guise of medical care. These cases often involve manipulation and lack of patient capacity to legally consent. Our team provides Houston physician sexual abuse claims assistance, including cases in clinics, hospitals, and residential care settings. We also represent survivors pursuing Houston psychiatric hospital sexual assault claims and are currently reviewing Acadia Healthcare sexual abuse lawsuits that involve minors in behavioral health programs.
Statute of Limitations on Sexual Abuse Lawsuits Texas
Under Texas law, survivors of sexual assault involving minors have expanded rights to pursue justice through the legal system, even years after the sexual conduct occurred. While charges for sexual assault, aggravated sexual assault, or indecency are subject to prosecution deadlines under the Texas Penal Code, the civil statute of limitations for filing a personal injury lawsuit is longer when the victim was under the age of consent in Texas.
The age of consent in Texas is 17 years old. Texas law states that those under the age of 17, the age at which a person can legally consent to sexual activity, have until 30 years after their 18th birthday to file a lawsuit against the adult or party responsible for the sexual conduct. This timeline applies in cases involving statutory rape, homosexual conduct or other types of sexual activity involving minors, including situations where the person intentionally violated consent laws or used their position of authority to engage in sexual acts with someone too young to understand or consent.
Civil claims can be brought not only against the individuals who committed the abuse but also against institutions or organizations that failed to protect the victim, allowed a sexual relationship involving minors, or ignored reportable conduct under Texas age of consent laws. Because of the serious consequences that come with violating age of consent laws, survivors may be entitled to financial recovery for pain, suffering, therapy, and lifelong trauma. These lawsuits are separate from criminal proceedings and focus on protecting the rights of victims through financial recovery and accountability.
Civil Lawyers for Victims Under The Age of Consent in Texas
At Reich & Binstock, we fully understand the lasting emotional and psychological harm that victims of sexual abuse can endure for the rest of their lives. Our sexual abuse attorneys have extensive experience fighting for the rights and compensation of victims of assault. We’ve taken on major organizations and seen great success on behalf of our clients.
To schedule your free consultation and establish an attorney-client relationship with us, call 713-622-7271.
