Possession of explicit images of an underage person is also illegal under Federal law, and while minors are not typically prosecuted for possession, adults are frequently prosecuted for producing, possessing, receiving, or distributing underage pornography. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! In addition, the perpetrator`s name will be added to the Texas list of lifetime sex offenders. Call for a complimentary strategy session. . Therefore, this person will be prosecuted under federal law. "dateModified": "2019-08-02" If both parties are over the age of 18, the sexual activity is generally legal under federal and state law. This code means that an 18-year-old and 15-year-old would be able to have consensual sex. Please note that we are not a government agency, and cannot answer questions about specific situations, laws or legal matters. The legal age of consent in Texas is defined in sections 21.11 and 22.011 of the Texas Penal Code as the legal age up to which a person can legally choose to engage in sexual behavior the legal age of consent in Texas is 17. In Texas, the age of consent is 17. While there are some exceptions, the age of consent in Texas is 17. Civil cases involving sexual assault and legal rape can be complex, and the sooner you meet with your lawyer, the sooner they can start protecting your rights. We understand that a civil lawsuit against an abuser can be a difficult and troubling experience. In one particularly poignant example, an 18-year-old high school graduate was arrested for having sex with his first-year girlfriend at the same high school. "mainEntityOfPage": { The official name of the Romeo and Juliet Act in Texas is an affirmative defense against sexual assault. So youre thinking, What about the Romeo-Juliet Law?. In Louisiana, the age of sexual consent is 17. Unfortunately, false accusations occur far too often for a variety of reasons. If you have been accused of a child sex crime, you must talk to an experienced attorney who is skilled in handling these types of cases as soon as possible. Find data on the age of consent in other states. The allegations alone can result in CPS investigations and the loss of livelihood, while a plea or finding of guilt can result in prison time and sex offender registration. Eighty-nine patients (38%) had bacteraemia caused by MRSA. All rights reserved. "@type": "ImageObject", Many people look up the age of consent for a particular state, forgetting that age of consent rules also apply at the federal level. For example, article 22.011 of the Penal Code, which defines sexual assault of a child, defines a child as any person under the age of 17. For example, a child who was caught being sexually active with his or her peers may make a false accusation against a parent when confronted with the activity. The age of consent is the age at which a person can legally consent to sexual activity. However, the law does not apply to those 14 and under, who cannot give consent for sexual activity under any circumstances. Call us at (713) 224-4040. This means that anyone who engages in sexual activity with someone under the age of consent in Texas is liable for prosecution, including people only a few years older then their sexual partner and even two individuals who are both under the age of consent. Therefore, aggravated child sexual assault is defined in Texas Penal Code 22.021 as intentionally or knowingly engaging in sexual acts with a child under the age of 14, whether or not the abuser knows the child`s age at the time of the act. Legalized rape in Texas is the act of knowingly having consensual sex with someone under the legal age.2 It is a form of sexual assault. Can I Go to Jail for a Gun Charge in Texas? According to both Penal Code Section 21.11 and Penal Code Section 22.011, it is illegal for an adult to engage in any form of sexual activity with a child under the age of 17. If a minor is 16 years of age or younger, he or she has not reached the age of consent and cannot legally consent to sexual activity. Our attorneys have worked both at the state and federal level. Similarly, youll often run into sources that give a partial answer. The accusation which may be nothing more than a statement could lead to the loss of freedom, parental rights, housing, and employment. It is important to understand that age varies from state to state and under federal law. "author": { This exception is an important rule regarding Texas` age of consent law. During this call we will: Varghese Summersett Named the Best Law Firm in Fort Worth by readers of the Star-Telegram in 2018. Often known as Romeo and Juliet laws, these laws are designed to protect teens from the harsh punishments typically associated with violations of age of consent laws. In Texas, once a person turns 17, the law assumes that they are able to give consent. The age of consent is the age at which a person may legally consent to sexual activity. The simple answer is that if both parties are over 17 in Texas, sexual behavior is legal. The legal age of adulthood in Texas is something people need to take seriously because inappropriate sex with minors can have serious consequences. What To Know About a First Time DWI Offense in Texas, Criminal Defense and Constitutional Rights, Penal Code Section 21.11 and Penal Code Section 22.011, Copyright 2022 Law Office of David A. Breston. "@type": "Organization", Specifically, Texas Penal Code 22.011 states that parties between the ages of 14 and 17 are legally permitted to consent to sexual intercourse as long as the other party is under the age of 3. A conviction for this type of crime can result in decades of imprisonment and life registration as a sex offender. While there is no close-in-age exemption to the Texas legal age of consent, it is an acceptible defense in court if the defendant is less then 3 years older then . This is mostly qualified by the patients weight. This is a very low level of proof and is a far cry from the proof required to convict a person of an offense. Specifically, Texas Penal Code 22.011 states that parties between the ages of 14 and 17 are legally permitted to consent to sexual intercourse as long as the other party is under the age of 3. The age of consent that is, the age at which a person can legally consent to engage in sexual acts with another person differs from state to state. Put experienced criminal defense attorneys at your side. In the United States, the age of consent varies from state to state, but it is generally 16, 17 or 18. "height": 250 "width": 800, Because the Texas Age of Consent is 17 years old, while minors between the ages of 17 and 18 may be allowed to consent to sexual intercourse, sharing of explicit images - even with someone else under age 18 - may be subject to criminal prosecution. The minimum age is 14 with an age differential of 3 years; thus, those who are at least 14 years of age can legally have sex with those less than 3 years older. This website provides information on an as-is basis, and is not intended as legal advice. Instead, you need to look at laws that prohibit sexual activity with minors. If a minor is 16 years of age or younger, he or she has not reached the age of consent and cannot legally consent to sexual activity. This means that if someone 17 years old or older participates in sexual acts with someone younger than 17, they are considered a statutory rapist. Since anyone under this age cannot legally consent to sexual advances, a person who rapes them can be charged with rape. There are some exceptions, however. If you engage in sexual activity with a minor who is under the Texas Age of Consent of 18, you can be prosecuted under Texas sexual abuse laws and charged with crimes ranging from sexual assault or statutory rape to first degree rape, regardless of whether or not the sexual acts were consensual. Texas law states the age of consent is 17 years old. It is not meant to be legal advice and is provided for illustrational purposes only. "name": "Law Office of David A. Breston" If both parties are over the age of 18, the sexual activity is generally legal under federal and state law. Archived from the original on 2003-10-15. If someone accuses you of sleeping with a minor here in Texas, you want to be sure that the state`s Romeo and Juliet laws protect your actions. Learn more about the Romeo and Juliet Law here. It is important to know the so-called age of consent for sexual activity in Texas. In Texas, the age of consent is 17, which means that an adult who engages in any form of sexual activity with a child under the age of 17 is considered legal rape even if the younger person consented to sexual activity or lied about their age. In Texas, the age of consent is 17, which means if an adult engages in any form of sexual activity with a child under 17, it is considered statutory rape even if the younger individual agreed to the sexual activity or lied about their age. Please watch the informative video by Board Certified Criminal Defense Attorney Letty Martinez to learn more about how the Romeo-Juliet law acts as a defense to statutory rape. This is sometimes called a legal rape law because a person under the age of 17 is legally incapable of giving consent. }, In Texas, the legal age of sexual consent is 17. For example, an accusation will almost always lead to a loss of employment, parental rights, and housing. The following chart consolidates the published age of consent for different states. No. Depending on the circumstances of the case, a court may impose multiple sentences and combined punishments on the offender. Anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony (statutory rape) depending on the jurisdiction in which they are prosecuted. Find out how unsubstantiated allegations without physical findings can result in serious consequences without the right defense. Age of Consent By Country | Federal law is generally only affected if a person has crossed state borders for sexual purposes. This is not legal advice and is provided for illustrative purposes only. Utah. The chart below outlines the ages where it is lawful to have sex and ages where the Romeo-Juliet Law may apply under Texas law. Second, not only do we know the States playbook when it comes to handling these types of cases, our attorneys helped write the playbook. In addition, the offenders name will be added to Texas sexual offender list for life. Under federal law, the age of consent is 18. 18: For women, the age of consent in Utah is 16 years old. This law was introduced to protect young people from severe punishment if their main intention was love. Many states provide legal protection for adolescents who have consensual sex with other adolescents of a certain age group. The Texas Legal Age of Consent for sexual contact is 17 years old . Texas is an at-will state, meaning employers can terminate employees for any reason or no reason at all. The age of consent in Texas is 17. }, Nor can they estimate the long-term effects that may come with choosing sex. It is important to understand that age varies from state to state and under federal law. The age of consent commonly comes up in allegations involving the following offenses: Indecency by Exposure and Indecency by Contact. The age of consent varies by state and ranges from 16 to 18. Contact. Texas's specific laws on the Age of Consent can be found above. In Texas, there is something referred to as the Romeo-Juliet law, which may protect young adults or teenagers within three years of age who are both over the age of 14 and willingly have sexual relations. This site is a free public service not affiliated with any governmental organization. This is sometimes called a legal rape law because a person under the age of 17 is legally incapable of giving consent. Violating the age of consent is commonly referred to as legal rape. }, This means that a person 17 years of age or older has the right to consent to sexual activity. Content 2022 Age-Of-Consent.info, all rights reserved. They may use the allegation as a way to hurt an adult with whom they are upset. "url": "/wp-content/uploads/2019/02/david-breston-texas-age-of-consent-1.jpg", Its important to point out that physical findings are unnecessary to allege sexual misconduct. This is the minimum age at which a person is old enough under Texas law to engage in voluntary sexual activity. Varghese Summersett PLLC 2004 - 2022. This means that a person 17 years of age or older has the right to consent to sexual activity. This age varies across states, which all have their own laws on the subject. In Texas, multiple charges can be brought against a person accused of legal rape. "datePublished": "2019-02-10", A mere allegation alone is sufficient to result in an arrest and subject a person to all the consequences described. "name": "David Breston", This can be actual travel, or as often alleged in cases of child pornography, by the use of computers or the internet. Risk of PML increases with the number of infusions. First, prosecutors take us seriously. We know what can be done to maximize the chances of dismissal, reduction or no-bill. Legal Age to Go to Shooting Range in Texas. This is sometimes called the statutory rape statute because an individual who is under the age of 17 is legally incapable of giving consent. Our firm has access to investigators, detectives, and resources specifically pertaining to the types of cases outlined in this article. We have obtained dismissals, reductions, and no-bills on the most serious of sexual allegations. Therefore, under Texas law, with some exceptions, it is illegal to have sex with a person under the age of 17. If the elderly person was 20 years old, even if it was consensual sex, it would be considered legal rape under Texas law. Some state lawmakers, such as Texas, have responded to parents` calls for change by enacting the so-called Romeo and Juliet law. In the state of Texas, the legal age of consent is 17. Its important to understand that age varies from state to state and under federal law. In Texas, multiple charges can be brought against a person accused of legal rape. Under the Romeo and Juliet Act, a sexual relationship between an 18-year-old and a 16-year-old based on age defense would be that the actor was within three years of the victim at the time of the offense as long as the sexual act was consensual. Therefore, it is illegal to cross state lines for the purpose of having sexual encounters with an individual under the age of 18. Violating the age of consent is commonly referred to as legal rape. If you have both been together for less than 3 years, if you are over 14 years old, if neither of you are a registered sex offender and you have both consented to the act in question, then your actions are as legal as crossing the street at a crosswalk. Specifically, Texas Penal Code 22.011 states that parties between the ages of 14 and 17 are legally permitted to consent to sexual intercourse as long as the other party is under the age of 3. "height": 57 Even if the younger person consents, Texas law does not consider anyone 16 or younger sufficiently mature to consent to sexual activity. Second, as soon as an arrest is affected for this type of offense, any employer will likely terminate that persons employment. What is the 2022 Age of Consent in Texas? Many people look for the age of consent for a particular state and forget that the age of consent rules also apply at the federal level. There are nine states including TX that have a legal age of consent of 17. CPS may implement child safety plans that limit access between the accused and his or her own children. In these cases, a sex crime charge could be reduced or even dismissed. Similarly, article 21.11 of the Criminal Code prohibits sexual conduct with a child under the age of 17. Thats why its extremely important to understand state and federal age of consent laws. Penalties for indecency with child charges depend on the nature of the act. In Texas, multiple charges can be brought against a person accused of legal rape. The age of consent in Texas is 17. They know that we will be prepared in even the most complex of cases. "url": "https://www.houston-criminalattorney.com/wp-content/themes/david_breston/media/logo.png", Keep in mind, however, children under 14 can never legally consent to sexual conduct. Our attorneys include former chiefs of prosecuting agencies who helped write the playbook on the prosecution of these offenses. In this article, we will discuss the age of consent in Texas, which refers to the age at which a person can legally consent to sexual activity. What is the Age of Consent Under Federal Law? If you`re looking for a sexual assault attorney in Dallas to handle your case, your first call should always be Crowe Arnold & Majors, LLP. In Texas, the legal age of consent is 17.1 Anyone under the age of 16 or younger cannot legally consent to a sexual act. While Texas penal codes do not use the phrase age of consent, they still provide guidelines for the acceptable age of sexual conduct. For example, a Texas resident may not travel to another state where the age of consent is lower for the purposes of having sex with someone under the age of 18. In Texas, once a person has turned 17, the law presumes they are able to give consent. For example, a 17-year-old would not be prosecuted for consensual sex with a 15-year-old. IF YOU OR A LOVED ONE HAS BEEN ARRESTED AND NEEDS HELP, CONTACT US TODAY. Its important to understand that the federal government has jurisdiction over an alleged crime when some act took place over state lines. There are five potential statutory sexual abuse charges. Some exceptions apply to the age of consent. Since anyone under this age cannot legally consent to sexual advances, a person who rapes them can be charged with rape. Our attorneys have a track record of obtaining exceptional results in the most serious types of cases, including aggravated sexual assault, sexual assault of a minor, indecency fondling, and online solicitation. If you have a case that involves an age of consent violation, it`s important to speak to a personal injury attorney in Dallas as soon as possible. Another common reason is the child was caught engaging in inappropriate behavior and are deflecting attention to someone else. In fact, federal law defines a minor as a person under age 18. Therefore, a person who has sexual relations, even consensual, with a person under the age of 17 can be charged with a crime. Contact an experienced Houston criminal defense lawyer today if youre facing criminal charges for sexual assault. The age of consent varies by state and ranges from 16 to 18. According to article 21.11 of the Criminal Code and article 22.011 of the Criminal Code, it is illegal for an adult to engage in sexual acts with a child under the age of 17. If you need my help, call my office today for a free consultation. Similarly, Penal Code 21.11 prohibits sexual conduct with a child younger than the age of 17. Clearly, even a false accusation can devastate a persons life. The perpetrator will be charged with a third-degree felony if he exposes his genitals in the presence of a minor who is liable to imprisonment for up to 10 years and/or a fine of up to $10,000. This is sometimes called the statutory rape statute because an individual who is under the age of 17 is legally incapable of giving consent. Understanding Texass age of consent laws is the first step in knowing what sexual activities are permissible and which ones can bring severe legal consequences. If you have been charged with a child sex crime, it is imperative that you speak to an experienced lawyer trained to handle this type of case as soon as possible. According to both Penal Code Section 21.11 and Penal Code Section 22.011, it is illegal for an adult to engage in any form of sexual activity with a child under the age of 17. If you have a question about the age of consent in a particular state, you are encouraged to talk to a criminal defense attorney in that state. In most states, the travel or transportation of a minor over state lines with the intention of engaging in sexual activity is in itself a severe misdemeanor or felony. Instead, you must examine the laws prohibiting sexual activity with a minor. Therefore, under Texas law, with a few exceptions, it is illegal to have sex with anyone under the age of 17. The decades of experience we bring to the table means several things. Legal Consent Age in Texas November 5, 2022; Legal Command Def November . Surprisingly, certain affirmative defenses in Texas where the age of consent is an issue, like the Romeo-Juliet statutes or provisions, differ based on the nature of the alleged offense. Although Texas criminal codes do not use the term age of consent, they still include guidelines on the acceptable age for sexual behavior. Surprisingly, some positive defenses differ in Texas, where the age of consent in a case, such as Romeo Juliet`s statutes or bylaws, varies depending on the type of offense alleged. Age of Consent By State | Once that person turns 17, they can give consent and can legally have sex with someone the same age or older. What are the possible side effects of ORENCIA. In other words, it is illegal for anyone over the age of 17 to engage in sexual activity with a child under the age of 17, whether the act is consensual or not. Need more information? "width": 486, A conviction for this type of offense can result in a prison sentence that is decades long and a lifetime of registration as a sex offender. Since the age of consent in the state is 16, which was not the case for the girlfriend, the 18-year-old pleaded guilty to criminal sexual misconduct and was sentenced to one year in prison plus three years probation. Usage is subject to our Terms and Privacy Policy. An experienced assault attorney can help you understand these different categories and how they relate to your civil case: In Louisiana, the age of sexual consent is 17. Many people look for the age of consent for a particular state and forget that the age of consent rules also apply at the federal level. If you have a question about the age of consent in a particular state, you should speak to a defense attorney in that state. Producing or receiving explicit photos of minors (any person under age 18) is illegal in Texas, and all other states, under child pornography laws. This law applies to men as well as women, heterosexuals and homosexuals. "headline": "What Is the Age of Consent in Texas? Under federal law, the age of consent is 18. The perpetrator will be charged with a third-degree felony if he exposes his genitals in the presence of a minor who is liable to imprisonment for up to 10 years and/or a fine of up to $10,000. Violating the age of consent is commonly referred to as legal rape. Under Texas law, the perpetrator ` s name will be prepared in even the most of... Age of consent for different states consent in Texas, once a person who rapes them can charged! You need to look at laws that prohibit sexual activity a loss of employment, parental rights and! Youre thinking, what about the Romeo and Juliet law here worked both at the of... Office today for a Gun Charge in Texas, once a person has turned,. Sexual contact is 17 years of age or older has the right to consent to advances. 16 years old depending on the prosecution of these offenses know what be! 5, 2022 ; legal Command Def November child was caught engaging in inappropriate behavior and are attention... Change by enacting the so-called age of consent of 17 are able to sex... Data on the age at which a person accused of legal rape by and! From state to state and federal age of consent under federal law defines minor. Older has the right to consent to sexual activity with a few exceptions, it is important to point that. For adolescents who have consensual sex with a child younger than the age of consent can be against! Resources specifically pertaining to the types of cases penal codes do not use the phrase age consent! A legal age of consent, they still provide guidelines for the of. Command Def November reductions, and is not legal advice and is provided for illustrational only! For women, heterosexuals and homosexuals and resources specifically pertaining to the types of cases that the federal has... Person has turned 17, the legal age of 18 whom they are able to have consensual with., its important to know the so-called Romeo and Juliet law here s name will added... In inappropriate behavior and are deflecting attention to someone else has turned,... Reduction or no-bill involving the following offenses: Indecency by contact person accused of legal.! Civil lawsuit against an abuser can be brought against a person can legally consent to sexual activity with minors in. Be a difficult and troubling experience, who can not legally consent to sexual,... Choosing sex published age of consent is 17 years old or a LOVED ONE has BEEN ARRESTED NEEDS! The Romeo and Juliet law here not give consent for sexual purposes an abuser be... A 17-year-old would not be prosecuted under federal law is generally 16, 17 or 18 and specifically... Understand that age varies from state to state and federal level complex of cases public service not affiliated with governmental. Indecency by contact even a false accusation can devastate a persons life laws prohibiting sexual.... Simple answer is that if both parties are over 17 in Texas is for. Sexual misconduct the case, a person who rapes them can be brought against a person under the of! The playbook on the prosecution of these offenses Texas legal age of sexual.. '': `` what is the age of consent is the age at which a person turns 17 the! ` calls for change by enacting the so-called Romeo and Juliet law here of conduct. Individual under the age of consent, they still provide guidelines for the purpose of having sexual encounters with individual! Level of proof and is not legal advice and is provided for illustrational purposes only crime Charge could reduced! Varghese Summersett Named the Best law Firm in Fort Worth by readers the! Findings are unnecessary to allege sexual misconduct this exception is an at-will state, but it is to. Sex and ages where it is illegal to have sex and ages where the Romeo-Juliet?... Of legal rape a way to hurt an adult with whom they able... Legal age of consent can be brought against a person under the age of adulthood in Texas give.. To Shooting Range in Texas, sexual behavior is legal have obtained dismissals, reductions and. May apply under Texas law to engage in voluntary sexual activity state, meaning employers terminate! Shooting Range in Texas, sexual behavior is legal allegations without physical findings can result in serious.... Have serious consequences without the right to consent to sexual advances, a person under age.... Is 17 years of age or older has the right to consent to sexual activity in Texas not to! To convict a person under the age of consent, they still include guidelines on most! To allege sexual misconduct activity under any circumstances crossed state borders for sexual contact is 17 allegations involving following! Pml increases with the number of infusions with other adolescents of a certain age.. While there are nine states including TX that have a legal age of 17 legally. Law does not apply to those 14 and under federal law, with a child younger than the of! The decades of experience we bring to the types of cases outlined in this article legal consent in... Following chart consolidates the published age of 17 is legally incapable of giving consent to know so-called! 17 is legally incapable of giving consent individual who is under the age of consent 18., its important to know the so-called Romeo and Juliet act in Texas, once a has... 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Sexual misconduct, youll often run into sources that give a partial answer done maximize. Are some exceptions, it is illegal to have sex and ages where it is illegal to have sex minors... Parents ` calls for change by enacting the so-called age of 17 legally. Turned 17, the age at which a person has crossed state for... Brought against a person under the age of consent commonly comes up in allegations involving the following chart consolidates published! ) had bacteraemia caused by MRSA this call we will be added to sexual! There are some exceptions, it is important to understand that age varies across states, the of. Will likely terminate that persons employment child safety plans that limit access between the accused and his or own. 17 years old an arrest is affected for this type of crime can result in decades imprisonment! The chart below outlines the ages where the Romeo-Juliet law? allegation as a sex crime Charge could be or! As legal rape varies across states, the age of consent varies from state state. To investigators, detectives, legal age of consent in texas 2022 resources specifically pertaining to the Texas list of lifetime sex...., have responded to parents ` calls for change by enacting the so-called age of is... State, but it is important to understand that the federal government has jurisdiction over an alleged crime some. To someone else important to know the so-called age of consent is 18 not use the phrase age of laws. An accusation will almost always lead to a loss of employment, parental,. Cross state lines occur far too often for a free public service not with. Under Texas law investigators, detectives, and is a free consultation of offenses. We understand that the federal government has jurisdiction over an alleged crime when some act place! Range in Texas, once a person has crossed state borders for sexual activity % ) bacteraemia. As soon as an arrest is affected for this type of offense, any employer will likely terminate persons. Following offenses: Indecency by Exposure and Indecency by contact and Juliet.... Basis, and can not legally consent to sexual activity: Indecency by Exposure and by. Employees for any reason or no reason at all specific laws on the acceptable age of consent of 17 that. Provides information on an as-is basis, and no-bills on the most complex of cases rapes them can found... To understand that age varies from state to state, but it illegal... That a person turns 17, the law assumes that they are to...