State Guide
Age of Consent in Texas
A plain-English guide to the age of consent and close-in-age exemption in Texas, cited to the Texas Penal Code.
Close-in-age defense appliesAge of consent in Texas
Minimum age for the close-in-age defense
Maximum age gap for the defense
Texas Penal Code
Overview
Texas sets its age of consent at 17. Sexual activity with someone younger than 17 can be prosecuted as sexual assault of a child, regardless of whether the younger person agreed to it, because Texas law does not treat a minor as able to legally consent below that age.
Texas also has a close-in-age provision, commonly called a Romeo and Juliet law. It is not a rule that makes the conduct automatically legal. It is an affirmative defense: a legal argument the accused person has to raise and prove in court, after being charged. It applies only when the age gap is small, the younger person meets a minimum age, and the conduct was consensual with no aggravating factor. Separately, Texas also allows some people convicted under a close-in-age scenario to later petition for an exemption from sex offender registration, under different and narrower criteria than the defense itself.
Texas at a glance
The core figures from this guide, in one place.
| Age of consent | 17 |
|---|---|
| Governing statute | Texas Penal Code § 22.011 |
| Close-in-age trial defense | Age 14+, gap of 3 years or less |
| Registration exemption (post-conviction) | Age 15+, gap of 4 years or less |
| Related offense | Indecency with a Child — Penal Code § 21.11 |
Age of consent in Texas
Under Texas Penal Code Section 22.011, a person commits sexual assault of a child if they engage in certain sexual conduct with someone the statute defines as a child, meaning a person younger than 17 who is not their spouse. This is a strict-liability element of the offense: the law does not require the state to prove the accused knew the other person’s real age.
A related offense, indecency with a child under Penal Code Section 21.11, covers certain other sexual contact and exposure involving a person younger than 17, and carries its own, separately worded close-in-age provision.
Texas Romeo and Juliet law
Texas Penal Code Section 22.011(e) sets out an affirmative defense to a sexual assault of a child charge under subsection (a)(2). “Affirmative defense” is a specific legal term: it does not stop an arrest or a filed charge from happening. The accused person has to raise it at trial and the court or jury decides whether the facts support it. If it succeeds, it is a defense to the charge, not an erasure of the fact that the conduct occurred.
Penal Code Section 21.11(b) contains a similarly structured, separately worded defense for indecency with a child.
Close-in-age exemptions
To raise the Section 22.011(e) defense, the accused generally has to show all of the following:
- The accused was not more than three years older than the other person.
- The other person was at least 14 years old at the time.
- The conduct was consensual, meaning not by force, threat, or fraud.
- The accused was not, at the time, required to register for life as a sex offender, and did not have a prior reportable conviction or adjudication under Code of Criminal Procedure Chapter 62.
This defense is narrower than it sounds in casual conversation. It does not apply if the older person held a position of trust or authority over the younger person, such as being a teacher, coach, or clergy member in that relationship, and it does not apply where the conduct involved force or coercion, since those facts remove the “consensual” element the defense depends on.
| Standard | When it applies | Minimum age of younger person | Maximum age gap |
|---|---|---|---|
| Trial defense — Penal Code § 22.011(e) | Raised at trial, after a charge | 14 | 3 years |
| Registration exemption — CCP Art. 62.301 | Petitioned after conviction | 15 | 4 years |
Applicable statutes
The codified Texas law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and an 18-year-old, two years apart, are in a consensual relationship with no coercion and no position of authority involved. Because the gap is within three years and the younger person is over 14, the older person could potentially raise the Section 22.011(e) defense if charged — but could still be arrested and charged first, and would have to prove the defense at trial.
Example 2. A 15-year-old and a 20-year-old, five years apart. The gap exceeds the three-year limit, so the close-in-age defense would not be available regardless of consent.
Example 3. A 16-year-old student and their 19-year-old teacher. Even with a three-year gap, the position of authority is the kind of aggravating fact that Texas courts and prosecutors treat as taking the situation outside what this defense is meant to cover.
Frequently asked questions about Texas
What is the age of consent in Texas?
17. Texas Penal Code Section 22.011 defines a “child” for purposes of sexual assault as a person younger than 17 who is not the accused’s spouse.
Does Texas have a Romeo and Juliet law?
Texas has a close-in-age affirmative defense under Penal Code Section 22.011(e), not a law that makes the conduct automatically legal. It has to be raised and proven in court after a charge is filed.
What is the maximum age gap allowed?
For the trial defense under Section 22.011(e), no more than three years, with the younger person at least 14. The separate registration-exemption process under Code of Criminal Procedure Article 62.301 uses a different standard: no more than four years, with the younger person at least 15.
Does the close-in-age defense stop an arrest?
No. It is an affirmative defense, which means it can only be raised after a charge, at trial. It does not prevent arrest or prosecution from happening in the first place.
Does it apply if one person is a teacher, coach, or in a position of authority?
Generally no. A position of trust or authority over the younger person is treated as removing the situation from what this defense covers, separately from the age-gap and consent requirements.
Official sources
Primary and official sources this guide is built from.
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Texas Penal Code and Texas Code of Criminal Procedure, cross-checked against the Texas State Law Library’s public guidance.
Pending attorney review
This guide has not yet been checked by a licensed Texas attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Texas Penal Code and Code of Criminal Procedure as of 24 July 2026. It has not yet been reviewed by a licensed Texas attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.