The name has done real damage. "Romeo and Juliet law" sounds like a rule that makes a relationship between two teenagers close in age lawful. Texas has nothing of the sort.
What Texas has is an affirmative defense: a legal argument raised after a charge, at trial, by a defendant who bears the burden of proving it. The conduct remains an offense. The defense, if established, defeats the prosecution. That distinction determines whether a family is dealing with a non-event or with an arrest, a bond, and a public case.
The Age That Actually Matters
Under Section 22.011 of the Penal Code, "child" means a person younger than 17. That sets the effective age of consent in Texas at 17, and consent is not a defense below it.
The confusion is understandable, because 18 is the age for most other purposes and 17 is the age of adult criminal responsibility. For this statute the number is 17.
The Defense to Sexual Assault of a Child
Section 22.011(e) provides an affirmative defense to prosecution under subsection (a)(2). It applies where the actor was the spouse of the child at the time, or where all of the following hold:
- the actor was not more than three years older than the victim;
- at the time of the offense the actor was not required under Chapter 62 of the Code of Criminal Procedure to register for life as a sex offender, and was not a person who had a reportable conviction or adjudication for an offense under that section;
- the victim was a child of 14 years of age or older; and
- the victim was not a person the actor was prohibited from marrying or living with under the bigamy statute, or a person with whom sexual conduct was prohibited under Section 25.02, prohibited sexual conduct.
Two conditions do most of the work. Three years is measured, not approximated, and a relationship that began inside the window can move outside it on a birthday. Fourteen is a hard floor: below it the defense is unavailable regardless of how small the age gap is.
The Indecency Statute Reads Differently
This asymmetry surprises practitioners, let alone parents.
Section 21.11(b) provides an affirmative defense to indecency with a child where the actor was not more than three years older than the victim and of the opposite sex, did not use duress, force, or a threat, and satisfies the same registration conditions.
The opposite-sex requirement appears in the text of Section 21.11(b) and does not appear in Section 22.011(e). Whether that limitation survives constitutional challenge is a live question that a defense lawyer would raise, but the statutory text is what an investigating officer and a charging prosecutor will read first. Families should know it is there rather than discover it later.
The Separate Route Out of Registration
Registration is frequently the consequence families fear most, and it is governed by its own provision with its own numbers.
Article 62.301 of the Code of Criminal Procedure allows a person to petition the court for an exemption from registration where the reportable offense was indecency with a child or sexual assault, and where at the time of the offense the actor was not more than four years older than the victim or intended victim, the victim was at least 15, and the conviction or adjudication is based solely on the ages of the parties. It is available where the person has a single reportable conviction or adjudication.
Note that the numbers differ from the affirmative defense: four years rather than three, and 15 rather than 14. A case can fall outside the trial defense and still qualify for the registration exemption, which is why both should be evaluated separately rather than treated as one rule.
Images Are a Separate Problem Entirely
A close-in-age relationship does not make an exchange of images lawful. Those are governed by different statutes with their own conditions.
Section 43.261 covers minors and contains its own defense, which requires a dating relationship within two years of age rather than three, and requires that the material was exchanged only between the two people. Our article on Texas sexting law for minors sets that out in full. Once a participant turns 18, Section 43.26 can apply instead, with felony grades and registration attached.
Why This Comes Up in Collin County
These cases rarely begin with a complaint from the young people involved. They begin when a parent discovers a relationship, when a school makes a report, or when a family separates and a report follows. By the time anyone thinks about the three-year rule, an investigation is already open.
Because the defense is an affirmative defense, it does not stop an arrest. It is proved later, by the defendant, on the evidence. Which means the practical work is documentary from the first day: exact dates of birth, when the relationship began and ended, the nature of the contact alleged, and whether any registration disqualifiers exist.
What This Means for Your Family
If your child is a few months outside a statutory window, the difference in outcome is not proportionate to the difference in facts. That is a hard thing to hear and the reason these cases need early, unhurried evaluation against all three provisions rather than a quick reassurance that the Romeo and Juliet law covers it.
For the wider category see our guide to crimes against children charges in Texas. If your family is facing an allegation in Collin or Denton County, our statutory rape defense lawyers can assess which provisions apply. Contact us for a free consultation.
Frequently Asked Questions
Does Texas have a Romeo and Juliet law?
Not as a blanket exemption. Texas provides an affirmative defense under Penal Code Section 22.011(e), which must be raised and proved by the defendant after a charge is brought. The conduct remains an offense, and the defense does not prevent an arrest or a prosecution from being filed.
What is the age of consent in Texas?
Seventeen. Penal Code Section 22.011 defines a child as a person younger than 17 years of age, and consent is not a defense below that age.
What is the age gap allowed under the Texas Romeo and Juliet defense?
Not more than three years for the affirmative defense under Section 22.011(e), and the victim must have been at least 14. The registration exemption under Article 62.301 uses different numbers: not more than four years, with the victim at least 15. A case can fall outside one and still qualify for the other.
Does the Texas close-in-age defense apply to indecency with a child?
Section 21.11(b) provides a defense where the actor was not more than three years older than the victim and of the opposite sex, did not use duress, force, or a threat, and meets the registration conditions. The opposite-sex requirement appears in that statute and does not appear in Section 22.011(e), an asymmetry that a defense lawyer would examine.
Can you avoid sex offender registration under the Texas Romeo and Juliet provisions?
Article 62.301 of the Code of Criminal Procedure allows a petition for exemption from registration where the reportable offense was indecency with a child or sexual assault, the actor was not more than four years older than the victim, the victim was at least 15, and the conviction or adjudication rests solely on the ages of the parties. It applies where the person has a single reportable conviction or adjudication.
Does the Romeo and Juliet defense cover sexting between teenagers in Texas?
No. Images are governed separately. Section 43.261 applies to minors and contains its own defense requiring a dating relationship within two years of age, not three, and requiring that the material was exchanged only between the two people. Once a participant turns 18, Section 43.26 may apply instead.