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
Texas treats sexual offenses involving minors as strict liability in most circumstances. That means the State does not have to prove you knew the person was under 17, and it is not a defense that the minor lied, used a fake ID, appeared older, or entered an age-restricted venue like a bar or club. Adults are expected to verify age before any sexual activity. While the minor’s deception can feel unfair, it generally does not excuse criminal liability under Texas law.
Sexual Assault Charges From Online Age Deception
Online environments make age verification challenging, but they do not change your legal risk. Minors frequently misrepresent their age on dating apps, social media, and adult-only platforms. Even if a profile indicated the person was 18+, or the site required users to be adults, you can still face felony charges if the individual was under 17. In addition to in-person conduct, Texas can pursue crimes based on electronic communications and content—such as explicit chats, images, or requests—when a minor is involved.
Practical Due Diligence For Adults
- Ask for and verify a government-issued photo ID before any sexual contact.
- Cross-check information (name, age, school, social profiles) when something seems inconsistent.
- Be cautious if the person looks much younger than claimed, avoids video calls, or refuses to verify age.
When “Mistake Of Age” Might Help Your Case
Although mistake of age is not a legal defense to most charges involving minors, proof of deception can still matter. Clear evidence that the complainant misrepresented their age may be offered as a mitigating factor at sentencing. In limited circumstances, your attorney may also show that no sexual contact occurred, that the complainant was actually 17 or older, or that the close-in-age (“Romeo and Juliet”) exception applies when the minor is at least 14 and the age gap is under three years. These arguments are fact-specific and require prompt legal guidance.
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.
Steps To Take If You’re Accused Due To Age Deception
- Do not explain yourself to police. Invoke your right to remain silent and request a lawyer.
- Preserve all evidence. Save texts, DMs, dating-app profiles, screenshots, and call logs; back them up securely.
- Avoid contact with the complainant or witnesses. Let your attorney handle all communications.
- Stay off social media. Do not post about the case or discuss details with anyone but your lawyer.
- Meet with a defense attorney immediately. Early intervention helps assess charges, raise defenses, and protect your 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.