Age of Consent in Texas

What Is the Age of Consent in Texas and Why Does It Matter?

The age of people involved in crimes is an important factor in criminal defense. If someone is charged with a crime and they are underage, they may face juvenile crime charges and sentencing, which can be very different from adult criminal charges and sentencing. The age of the alleged victim also matters when it comes to sex crimes, as there are some sex crimes that are only relevant when someone involved is under the age of consent. Some other crimes may come with more severe penalties upon conviction if the victim is underage.

What Is the Age of Consent in Texas?

There is not a simple answer to this question, as multiple Texas laws define various sex crimes involving minors or children. These laws define “child” at a different age, though it’s always either 17 or 18 years old. Because of this, if you are facing criminal sex crime charges involving a child or minor, the actual age threshold relevant to the charges depends on the alleged offense.

What Laws Govern the Age of Consent?

The Texas Penal Code includes several laws that define sex crimes associated with children or minors. Some are summarized below.

• Sexual assault of a minor: Child or minor is defined as under the age of 17
• Indecency with a child: Child or minor is defined as under age 17, regardless of whether the person charged knew the age of the other person
• Online solicitation of a minor: Child or minor is defined as under age 17 or someone who the person charged believed to be under age 17
• Sexual performance by a minor: Child or minor is defined as under age 18
• Digital transmission of pornographic material depicting a minor: Child or minor is defined as under age 18

What If You Don’t Know How Old the Other Person Is?

In many cases, Texas law criminalizes sexual acts with those categorized as children or minors even if the person accused of the crime didn’t know the age of the other person. This means ignorance of the person’s age is not a defense in most cases.

What If You Are Also Young?

However, the law does recognize that young people of a similar age may engage in consensual sexual acts, and it makes some allowances for this. Thus, you may have a defense if you are close in age to another person. Specifically:

• There is a potential defense in sexual assault of a child cases if the alleged victim was aged 14 or older, consented to the sex, and the person being charged is not more than three years older than the alleged victim. For example, if the alleged victim is 16, the person being charged cannot be older than 19.
• There is a potential defense against indecency with a minor charge if the alleged victim is of the opposite sex of the person being charged, the person being charged is no more than three years older than the alleged victim, and no duress or force was used.
• There is a potential defense against online solicitation of a minor charges if the person being charged is no more than three years older than the minor, who consented to the activity. 
• There is a potential defense against sexual performance by a child charges if the person being charged is no more than two years older than the minor child.
• There is a potential defense against electronic transmission of pornographic images including a minor if the two people involved were dating at the time and the person being charged is no more than two years older than the minor.

These defenses come with other requirements and exceptions and may not be relevant in every case. 

Why It’s Important to Get Help From a Criminal Defense Attorney

A conviction on any of the above mentioned criminal charges is a serious matter that can lead to time in jail and other severe consequences. If you are facing criminal charges, it’s always a good idea to consult with an experienced criminal defense attorney to understand your options for defense.

Some ways a defense attorney can help in cases involving the age of consent include:

• Helping you understand the details of the charges against you and how your age and the age of the alleged victim impacts those charges
• Determining whether the ages of the people involved allows you to fall into one of the categories supporting an affirmative defense under Texas law
• Providing you with options for a defense strategy if your age does not allow you to use one of those age-related defenses
• Protecting your interests and rights as you go through the criminal defense process
• Gathering evidence, including videos, images, and witness testimony to help you build a strong defense against the charges
• Presenting your case before prosecutors to help negotiate a reduction of or dropping of charges if applicable
• Presenting your case in court to argue for your innocence if necessary

Texas criminal law is complex, and that’s definitely true for sexual crimes cases involving potential minors. Even understanding whether someone is a minor or meets the age of consent is not straightforward under the law. Working with an experienced and knowledgeable criminal defense team helps you understand where you stand under the law and can provide peace of mind that you are doing everything you can to strengthen your defense. Contact the team at Seymour & Vaughn at 830-282-8751 if you or someone you love is facing sex crimes charges.