Age of Consent in Texas: What the Law Says

In Texas, the age of consent is 17. A person who is 17 or older can legally agree to sexual activity with another person. That single fact is the source of a lot of confusion, because the age of consent is not the same as the age at which someone becomes a legal adult, and a narrow exception for couples who are close in age is often misunderstood as a blanket rule.

This is a general overview of Texas law. It is not legal advice, and it is not a substitute for talking to an attorney about a specific situation.

What is the legal age of consent in Texas?

The legal age of consent in Texas is 17. A person 16 or younger cannot legally consent to sexual activity, even if they agreed. Texas also recognizes a close-in-age affirmative defense, often called the Romeo and Juliet defense, for partners within three years of age when the younger person is at least 14.

• Texas Penal Code § 22.011 defines a “child” as a person younger than 17, which sets the age of consent at 17
• The age of majority (18) is a separate line; sexual images use an under-18 threshold, so photos of a 17-year-old can still be charged
• The close-in-age defense requires an age gap of no more than three years, a younger person who is 14 or older, and no sex-offender registration requirement
• It is an affirmative defense raised in court, not an automatic exemption from charges

Under Texas Penal Code § 22.011, the sexual assault statute, a “child” is defined as a person younger than 17 years of age. In practical terms, that makes 17 the age of consent in Texas. Sexual activity with a person who is 16 or younger can be charged as a crime even if that younger person agreed to it, because under the law a person younger than 17 cannot legally give consent.

So yes, in Texas a 17-year-old can legally consent to sex with an adult. A 16-year-old cannot. Age of consent also varies from state to state, so a relationship that is permissible in another state may not be in Texas.

Age of consent is not the same as the age of adulthood

The age of consent (17) and the age of majority (18) are two different things. At 18, a person becomes a legal adult for most purposes in Texas: signing contracts, voting, and so on. At 17, a person has reached the age of consent for purposes of the sexual-offense statutes but is still a minor in other respects.

This gap matters most in one area people get wrong: sexual images. The age of consent for sexual activity is 17, but several Texas offenses involving sexual images or “performances” use a threshold of 18, not 17. Under Texas Penal Code § 43.25, “sexual performance by a child” applies to a child younger than 18. So a sexual photo or video of a 17-year-old can still be treated as child pornography under Texas law, even though that same 17-year-old can legally consent to sex. (See also the possession and promotion offense in § 43.26.)

The close-in-age (“Romeo and Juliet”) defense

Texas law includes a close-in-age exception, informally called the “Romeo and Juliet” defense. It is important to understand what it actually is: an affirmative defense that a person raises in court, not a rule that makes a relationship automatically legal. The parameters are specific, and they differ depending on the offense charged.

For sexual assault under § 22.011(e), it is an affirmative defense that:

• the actor was not more than three years older than the victim at the time of the offense;
• the victim was 14 years of age or older;
• the victim was not a person the actor was prohibited from marrying or purporting to marry, or with whom the actor was prohibited from engaging in sexual conduct under the prohibited-sexual-conduct statute; and
• the actor was not required to register for life as a sex offender and did not have a prior reportable conviction or adjudication for this kind of offense.

For indecency with a child under § 21.11(b), the affirmative defense requires that the actor was not more than three years older than the victim, did not use duress, force, or a threat, and met the same sex-offender-registration conditions. As written, the indecency statute also includes an “of the opposite sex” requirement. Whether that opposite-sex limitation remains enforceable is unsettled after the U.S. Supreme Court’s decision in Lawrence v. Texas, so how it affects a specific case is something to review with an attorney.

The takeaways: the close-in-age defense has a hard floor (the younger person must generally be at least 14), a hard cap (no more than a three-year age gap), and conditions about force and prior record. Because of that floor, even a teenager can be charged in the wrong circumstances — see can a teenager be charged with statutory rape in Texas. And it is a defense to be raised and proven, not a guarantee that charges will never be filed.

Offenses tied to a minor’s age

Several Texas offenses turn on the age of the younger person:

• Sexual assault of a child, § 22.011 — sexual activity with a person younger than 17. This is generally a second-degree felony, and can be a first-degree felony where the victim is a person the actor was barred from marrying.
• Aggravated sexual assault of a child, § 22.021, which applies when the child is younger than 14 (among other circumstances). It is a first-degree felony. Under § 22.021(f), the minimum sentence rises to 25 years when the victim is younger than 10, or younger than 14 in cases involving aggravating circumstances such as serious bodily injury or a deadly weapon. Texas raised that first age from 6 to 10 in HB 1422, effective September 1, 2025; the under-6 rule still applies to earlier offenses.
• Indecency with a child, § 21.11 — sexual contact with a child younger than 17 is a second-degree felony; indecent exposure to such a child is a third-degree felony.
• Sexual performance by a child, § 43.25 — sexual images or performances involving a person younger than 18.
• Online solicitation of a minor, § 33.021 — soliciting a minor online for sexual purposes.

Penalties

Texas sets felony punishment ranges by degree:

• First-degree felony (§ 12.32): 5 to 99 years or life in prison, and a fine of up to $10,000.
• Second-degree felony (§ 12.33): 2 to 20 years, and a fine of up to $10,000.
• Third-degree felony (§ 12.34): 2 to 10 years, and a fine of up to $10,000.

A conviction for many of these offenses also carries sex-offender registration under Chapter 62 of the Code of Criminal Procedure, which can follow a person long after any sentence is served.

Common misconceptions

“17 is a minor, so any sexual activity is illegal.” Not for purposes of consent. Seventeen is the age of consent in Texas. The minor/adult line for most other purposes is 18.

“Romeo and Juliet means any teenage couple is fine.” No. It is a narrow affirmative defense with a three-year age limit and other conditions. It does not erase the possibility of charges.

“We can legally date, so sharing photos is fine.” This is a common and serious mistake. Sexual images of anyone younger than 18 can be charged under the child-pornography statutes, regardless of the age of consent for physical activity.

“I didn’t know how old they were.” Texas does not generally allow a defendant to escape liability simply by claiming a reasonable mistake about the younger person’s age in these cases. Do not assume otherwise.

Frequently asked questions

Is 17 legal in Texas? For purposes of consenting to sexual activity, yes — 17 is the age of consent.

What is the age of adulthood in Texas? 18 is the general age of majority. It is separate from the 17-year age of consent.

Does the close-in-age defense apply to same-sex couples? The sexual-assault close-in-age defense in § 22.011(e) does not contain an opposite-sex requirement. The indecency statute in § 21.11(b) as written does, though whether that limitation holds up after Lawrence v. Texas is unsettled. How it plays out in a specific case should be reviewed with a lawyer.

Is it illegal to have nude photos of a 17-year-old? It can be. Child-pornography offenses use an under-18 threshold, so images of a 17-year-old can be charged even though 17 is the age of consent for physical activity.

Talk to a McKinney Criminal Defense Attorney

If you or a family member is facing an allegation involving a minor’s age, the details matter and the stakes are serious. Kent Starr is a criminal defense attorney serving McKinney and Collin County, and he defends sex-crime charges across these courts. To talk through your situation in a free, confidential consultation, contact us or call (214) 982-1408.

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This article is general legal information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney.