Every state, including Texas, has an age at which an individual can legally consent to sex. Before this, a minor cannot lawfully consent to sexual intercourse or other actions. This can put adolescents and young adults at odds with the law. It can even result in severe statutory rape charges, despite the activity being consensual.
If you are accused of having sex with someone younger than the age of consent, contact a Houston sex crimes lawyer from The Law Offices of Ned Barnett right away. Statutory rape is serious, so take it just as seriously. Convictions can mean jail and sex offender registration. We are here to help you avoid this at all costs.
Call (713) 222-6767. Initial consults are free, confidential, and we’ll review all your options.
Understanding The Age of Consent in Texas
In Texas, the legal age of consent is 17. This means individuals aged 17 or older can legally engage in consensual sexual activity. If you’re over 17 and engage in sexual conduct with someone under 17—even if they appear older or consented—you can be charged with a felony-level sex crime.
Statutory Rape Laws and Charges in Texas
Texas does not use the term “statutory rape” in its legal code. Instead, offenses involving minors are prosecuted under specific statutes, such as:
- Sexual Assault of a Child – Contact or penetration involving a minor under 17.
- Aggravated Sexual Assault of a Child – Involves additional factors like serious bodily harm or the victim being under 14.
- Super Aggravated Sexual Assault – Applies when the victim is under six, or under 14 with aggravating circumstances.
- Indecency with a Child – Covers sexual touching or exposure involving minors under 17.
Convictions often carry mandatory sex offender registration and long-term prison sentences.
The Romeo and Juliet Exception
Texas Penal Code allows a limited defense if both parties are close in age. If the minor is at least 14 and the other person is within three years of age, and both consent, the older person may have a legal defense. For example, a 19-year-old having consensual sex with a 16-year-old may qualify. However, a 16-year-old and a 13-year-old would not.
Lying About Age Is Not a Defense
Even if the minor misrepresented their age—whether verbally, via a fake ID, or by entering an age-restricted venue like a bar—you are still criminally liable. Texas law treats these offenses as strict liability crimes, meaning your intent or knowledge of the minor’s true age does not matter in most cases.
Sexual Assault Charges from Online Age Deception
Digital spaces complicate things further. Minors often lie about their age on dating apps or social media, but this does not absolve an adult from liability. If a minor falsely claimed to be over 17 online and sexual activity followed, you can still be prosecuted—even if the minor accessed a site restricted to adults.
When “Mistake of Age” Might Help Your Case
While not a legal defense to the charge itself, evidence of a minor’s deception may be presented as a mitigating factor during sentencing. In rare cases, if you never had sexual contact or the alleged victim was actually over 17, those facts can help you avoid conviction.
Charged with a Sex Crime Due to Age Confusion?
If you’re accused of sexual contact with a minor who lied about their age, take immediate legal action:
- Do not attempt to explain yourself to law enforcement without a lawyer.
- Preserve evidence (texts, social media messages, dating profiles).
- Avoid contacting the alleged victim directly.
- Don’t post about the situation online.
Let your attorney handle all communication and develop a sex crime defense based on the facts and your legal rights.
Frequently Asked Questions About Age of Consent in Texas
Can I Be Charged with Statutory Rape if They Lied About Their Age?
Yes. Texas law does not recognize a minor’s deception as a valid defense. Even if they lied about being over 17, used a fake ID, or met you in a bar, you can still be prosecuted for a felony sex offense if they were underage.
What Is the Legal Age to Have Sex in Texas?
The legal age of consent in Texas is 17. Anyone younger than that cannot legally consent to sexual activity, regardless of what they say or how old they appear.
What If I’m Less Than Three Years Older Than the Minor?
Texas law includes a “Romeo and Juliet” exception. If both individuals are over 14 and the age difference is less than three years, prosecution for statutory rape may not apply. However, this exception does not apply if the younger person is under 14.
Can I Go to Jail for Online Sexual Activity with a Minor Who Lied About Their Age?
Yes. If you engage in sexual conversations or share explicit content with a minor under 17—even if they lied about their age online—you can be charged with a felony like online solicitation or distribution of harmful materials to a minor.
Can the Victim Lying About Their Age Help Me at Sentencing?
Possibly. While age deception is not a defense, it may be introduced at sentencing as a mitigating factor. A judge might consider it when deciding on your penalty, especially if there’s clear evidence of deception or entrapment.
Contact a Houston Sex Crimes Lawyer for Help
If you have been accused of statutory rape, do not try to explain the situation. Instead, contact a proven sexual assault defense attorney from The Law Offices of Ned Barnett immediately.
By calling (713) 222-6767 or using our online form, we can schedule a free initial consultation where an attorney can get to know you, your situation, and advise you on the next best steps. Initial consults are free, confidential, and we’ll walk you through how you may be able to avoid a conviction.