By Tad Nelson – Houston & Galveston Sex Crimes Defense Lawyer
Texas age-of-consent laws are strict, and they often surprise people who believe they are acting within legal boundaries. In Texas, a person under 17 cannot legally consent to sexual activity, regardless of their perceived maturity or willingness. This clear-cut rule can turn an ordinary teenage relationship into a felony accusation literally overnight. A single birthday can transform what was a consensual relationship into a potential sex crime under the state’s statutes.
This is precisely why the Texas Legislature created what is commonly known as the “Romeo and Juliet law.” These are also referred to as “Juliet laws” in some contexts. Romeo and Juliet laws are exceptions to statutory rape laws that allow young people close in age to engage in consensual sexual relations without facing criminal charges. These laws aim to avoid harsh penalties for teenagers whose relationships are deemed non-predatory. It is a limited legal defense designed to prevent young people in close-in-age relationships from being treated like sexual predators, even though the conduct is still technically illegal under statutory rape statutes. Without this crucial protection, an 18-year-old dating a 16-year-old could face devastating charges that carry prison time and the burden of lifetime sex offender registration. For families in Texas, understanding how this law works can be the difference between panic and protection.
What is the Texas Romeo and Juliet Law?
The law isn’t a free pass; it’s an affirmative defense. This means it doesn’t make the conduct “legal” but provides a specific defense for the defendant against prosecution in court. The core of this defense is found in Texas Penal Code § 22.011(e). This section provides a defense to prosecution for sexual assault if the defendant is not more than three years older than the victim, and the victim was 14 years of age or older. In many states, Romeo and Juliet laws act as an affirmative defense, where the older individual (defendant) may not be charged with a crime if certain age-gap criteria are met.
Think of the recent public fascination with relationships that have significant age gaps, like the one between singer Billie Eilish and Jesse Rutherford. While their relationship was between two consenting adults, the public discourse it generated highlights how society scrutinizes age differences. Now, imagine that scenario involves a minor. The law must distinguish between a predatory situation and a relationship between two high school students, like a senior and a junior. The Romeo and Juliet law exists to draw that critical distinction, ensuring that individuals are not subject to prosecution for consensual relationships that fall within the law’s close-in-age exception. The close-in-age defense allows individuals to argue that their relationship should not be criminalized due to a minor age difference.
However, it is crucial to understand that this protection is narrow and frequently misunderstood. It only applies if certain strict conditions are met:
- The younger person must be at least 14 years old.
- The age gap between the two individuals must be less than three years.
- The relationship must be consensual.
- The older individual cannot already be a registered sex offender.
Most states limit the exception to partners who are within 2 to 4 years of each other, and commonly the younger party must be at least 14–15 years old. The timing of when the relationship started can also be important—if both individuals were underage at the beginning of the relationship, Romeo and Juliet laws may offer legal protections that would not apply if the relationship began after one party reached the age of majority.
For example, in Florida, individuals can petition the court for removal from the sex offender registry if their partner was at least 14 and the age difference was no more than four years. In Georgia, if both parties are within a four-year gap and the victim is at least 14, offenses can be prosecuted as misdemeanors that do not carry a registration requirement. These laws often reduce potential felony charges to misdemeanors or eliminate criminal liability entirely for close-in-age couples.
A primary goal of Romeo and Juliet laws is to prevent young people from being placed on a sex offender registry for consensual peer relationships. Many jurisdictions have passed laws that reduce or eliminate penalties for statutory rape when the couple’s age difference is minor. As of 2026, Romeo and Juliet laws continue to serve as “close-in-age” exemptions that protect minors and young adults from severe legal consequences of statutory rape.
When these elements are present, Texas law acknowledges that the relationship is not the type of predatory conduct the criminal statutes were designed to punish. Individuals who are subject to statutory rape charges should seek experienced legal representation to navigate the complexities of the law.
Defining Statutory Rape in Texas
Statutory rape in Texas stands as a formidable legal fortress, representing one of the most serious felony offenses that can occur when an adult engages in sexual intercourse, sexual penetration, or sexual contact with a minor under the age of 17—the unwavering legal age of consent in our state. Even when both parties believe the encounter is consensual, Texas statutory rape laws demonstrate unparalleled clarity: a minor cannot legally consent to sexual acts under any circumstances. This means that an older person faces relentless prosecution for sexual assault or related crimes, regardless of the minor’s perceived willingness or any circumstances surrounding the relationship—a legal reality we’ve witnessed countless times in our extensive experience.
The law operates as an impressive shield designed to protect young people from sexual violence and exploitation, recognizing with scientific precision that age differences create inherent power imbalances. Drawing from our comprehensive understanding of these cases, when an 18-year-old and a 15-year-old begin a relationship and engage in what they consider consensual sex, the older partner faces aggressive prosecution for statutory rape, regardless of the younger person’s agreement to the act. The consequences of such charges are nothing short of devastating, including the formidable possibility of imprisonment, mandatory sex offender registration, and a permanent criminal record that becomes a wrecking ball against every aspect of a person’s future—consequences we’ve seen destroy lives across hundreds of cases.
While Texas provides a narrow exception for close-in-age relationships through the Romeo and Juliet law, this exception operates under highly specific circumstances and represents one of the most complex areas of criminal defense. This exception does not make the conduct legal—it simply offers a potential defense strategy that requires top-tier legal expertise to navigate successfully. Through our unparalleled experience in these matters, we understand the exact boundaries of this law and the intricate risks involved, knowledge that proves invaluable when freedom and future hang in the balance.
In a city as dynamic as Houston, renowned for its impressive southern hospitality, world-class arts, and major cultural events, it becomes especially crucial to recognize the legal landscape surrounding sexual relationships with the expertise that only comes from decades of practice. Large gatherings and celebrations can create situations where young people become more vulnerable to exploitation or dangerous misunderstandings about consent—scenarios we’ve defended against with relentless dedication. That’s why Houston maintains an extensive network of resources including telephone hotlines, comprehensive support services for those who have been sexually assaulted, and specialized facilities for victims and their loved ones seeking immediate safety and long-term support.
If you or someone you know has become the victim of statutory rape or sexual violence, it is absolutely vital to report the crime to authorities and seek help from organizations with proven track records in supporting survivors. The consequences of statutory rape extend far beyond legal ramifications—they create deeply personal impacts affecting victims, families, and entire communities with devastating force. Through our unwavering commitment to staying informed about evolving laws, understanding the critical importance of consent, and knowing where to find the most effective support, we serve as a protective force helping prevent these crimes and ensuring that everyone in Houston and across Texas can navigate the city’s vibrant culture and upcoming events with confidence and safety.
Whether you are a young person navigating new relationships, a parent with legitimate concerns for your child’s safety, or a dedicated member of the community, understanding statutory rape laws and their far-reaching consequences requires the kind of comprehensive expertise that only comes from extensive experience in criminal defense. Taking decisive action—through aggressive education, relentless prevention efforts, and unwavering support—can make a formidable difference in protecting our loved ones and building a safer, more just society that stands as an impressive testament to our collective commitment to justice for all.
The Harsh Penalties When the Defense Doesn’t Apply
If the conditions for the Romeo and Juliet defense are not met, the consequences are severe. Romeo and Juliet laws do not apply if there is force, coercion, manipulation, or a significant power imbalance. A person could be charged with several offenses, each carrying life-altering penalties. Statutory rape is defined as nonforced sexual activity with someone under the legal age of consent, while forcible rape involves force or physical coercion and is prosecuted even more severely.
- Sexual Assault of a Child: Governed by Texas Penal Code § 22.011, this is a second-degree felony. A conviction carries a potential prison sentence of 2 to 20 years and a fine of up to $10,000. Statutory rape laws also address situations where sexual acts are forced, and such cases are prosecuted as forcible rape or aggravated sexual assault.
- Indecency with a Child: Under Texas Penal Code § 21.11, this offense can also be charged as a second-degree felony, carrying the same 2 to 20-year prison sentence and a $10,000 fine.
- Aggravated Sexual Assault of a Child: If certain aggravating factors are present, such as causing serious bodily injury or the use of force, the charge can be elevated to a first-degree felony. The penalty range for this is 5 to 99 years, or life in prison.
Beyond prison and fines, a conviction for these offenses almost always requires mandatory lifetime registration as a sex offender. This registration brings severe restrictions on where a person can live, work, and even go, permanently damaging their reputation and future opportunities.
Common Misconceptions and Modern Dangers
Many people are shocked to learn that they can still be arrested and charged even when they believed the Romeo and Juliet law protected them. These laws are designed to protect teens in close-in-age relationships, but in many jurisdictions, statutory rape laws presume coercion because a minor is legally incapable of giving consent to the act. Most states set a minimum age below which protections do not apply, often under 13 or 14. Prosecutors can proceed with a case, forcing the accused to raise and prove the defense in court.
A particularly harsh reality of Texas law is that a minor lying about their age is almost never a valid defense. Even if a minor uses a fake ID, claims to be 18, or meets someone on a dating app for adults, the adult can still face prosecution. Texas treats most sexual offenses involving minors as “strict liability” crimes. This means prosecutors do not have to prove that the accused knew the person was under 17. The act itself is the crime, and in some cases, the law considers not only the chronological age but also the mental capacity of the person when determining their ability to legally consent.
The rise of online dating and social media has made these situations even more perilous. A person may believe they are communicating with another adult, only to discover later that they were interacting with a minor. Explicit text messages, photos, or online conversations can lead to felony charges like Online Solicitation of a Minor, even if no physical contact ever occurred. This digital evidence is permanent, and law enforcement agencies take these allegations very seriously.
Many criminal law attorneys offer free consultations to discuss statutory rape cases and potential defenses.
What to Do if You Are Accused
If you or someone you care about is being questioned by police regarding such an allegation, the most important step is to protect your rights immediately.
- Do not explain the situation to law enforcement. Politely state that you will not answer any questions without an attorney present.
- Do not contact the alleged minor. Any communication can be misconstrued and used against you.
- Preserve all evidence. Save any text messages, social media conversations, or other records that can help establish the consensual nature and context of the relationship.
The Texas Romeo and Juliet law exists to recognize that not every close-in-age relationship is criminal. But relying on internet advice or assumptions about how the law works is a dangerous gamble. These cases require careful legal analysis and an aggressive, knowledgeable defense from an attorney who understands both the law and the local courts. Your future, freedom, and reputation are on the line.
Seeking Help and Resources
For decades, the aftermath of statutory rape allegations and sexual assault has demanded unwavering expertise and formidable support systems for victims, defendants, and their families across southern Houston and Galveston County. The devastating emotional, legal, and social consequences of these allegations create a battlefield where only the most comprehensive resources and unparalleled advocacy can secure justice and healing. Whether you are a young person caught in legal turmoil, a concerned parent fighting for your family’s future, or someone facing life-altering accusations, understanding your rights with absolute clarity and accessing top-tier support becomes your most powerful weapon in this fight.
When you or someone you know has been sexually assaulted or falls victim to statutory rape, immediate and aggressive intervention is not just available—it’s essential. The National Sexual Assault Hotline (1-800-656-HOPE) stands as a formidable fortress of confidential support, operating with relentless 24/7 availability and connecting callers with local powerhouses of compassionate professionals who bring unmatched expertise to the complexities of sexual violence and statutory rape cases. In Houston, organizations like the Houston Area Against Rape (HAAR) deliver a devastating combination of crisis intervention, counseling, and advocacy for those impacted by illegal sexual acts, ensuring that victims access the comprehensive support arsenal they need to begin their journey toward healing and justice.
For individuals throughout Galveston and the entire Gulf Coast region, an impressive network of local resources stands ready to demolish the unique challenges presented by statutory rape laws and sexual assault cases. These organizations deliver not merely emotional support, but an unparalleled combination of guidance on legal rights, reporting procedures, and the strategic steps necessary to protect yourself and your loved ones with maximum effectiveness. Parents and young people alike benefit from our region’s most powerful educational programs that aggressively clarify the meaning of consent, expose the realities of age differences in relationships, and reveal the life-altering consequences that can result from even a single illegal act.
Defendants facing statutory rape charges must secure experienced legal counsel with the same urgency as a life-or-death situation. The consequences of a felony conviction—imprisonment, mandatory sex offender registration, and a permanent criminal record that follows you for decades—represent a legal wrecking ball that can destroy your freedom, future, and reputation. A formidable attorney with an impressive track record brings the courtroom mastery and strategic expertise necessary to understand the nuances of Juliet laws, build an aggressive defense, and ensure your rights receive uncompromising protection throughout the entire legal battle.
It’s crucial to understand that statutory rape laws and age of consent regulations create a complex legal battlefield that varies dramatically not only from state to state but across international boundaries. For example, in Canada, the age of consent stands at 16, yet there are close-in-age exemptions for consensual relationships between young people with minimal age differences. Understanding these critical distinctions becomes your most powerful tool in preventing devastating misunderstandings and protecting young people from unintended legal consequences that could alter their lives forever.
Education remains the most formidable weapon in our arsenal against sexual violence and the most effective strategy for promoting healthy, respectful relationships. Parents, educators, and community leaders throughout Houston, Galveston, and beyond are called to engage in aggressive, open discussions with teens about consent, the severe risks of illegal sexual acts, and the paramount importance of respecting boundaries. By fostering an unparalleled culture of awareness and unwavering support, we create a powerful shield that helps young people make informed decisions and dramatically reduces the risk of harm.
No matter your circumstances, you possess access to a formidable network of support that refuses to let you face this battle alone. Whether you are seeking justice with relentless determination, comprehensive support during your darkest hours, or simply the most accurate information available, there are resources standing ready in your city and across the region with an impressive commitment to your success. Taking that first crucial step—reaching out for help with confidence, learning about your rights with absolute clarity, or consulting with a legal professional who brings decades of expertise—can make the difference between devastation and victory in protecting yourself and your loved ones from the life-altering consequences of statutory rape and sexual violence.