Age of Consent in Texas: What the Law Says in 2026

The age of consent in Texas is generally 17. Under Texas law, a person younger than 17 is considered a child for purposes of several sexual-offense statutes, although the exact offense and potential penalty depend on the ages of both people and the conduct involved.

Texas also has a close-in-age defense, commonly called the “Romeo and Juliet” provision, for certain situations involving teenagers close in age.

What Is the Age of Consent in Texas?

Texas generally recognizes 17 as the age of consent for sexual activity.

Texas Penal Code § 22.011 addresses sexual assault and specifically provides rules concerning sexual contact with a child. Under Texas law, a person commits certain offenses when engaging in prohibited sexual conduct with a child younger than 17.

However, saying “the age of consent is 17” does not mean every sexual situation involving a 16-year-old is automatically treated the same way. Texas law contains important exceptions and additional offenses.

Texas Age of Consent at a Glance

What Happens If Someone Is Under 17?

Texas law provides criminal protections for people under 17.

For example, Texas Penal Code § 22.011 includes sexual assault provisions involving a person who is younger than 17. Depending on the circumstances, sexual assault can be a serious felony offense.

The exact charge depends on factors such as:

• The younger person’s age
• The older person’s age
• The type of sexual conduct
• Whether force or threats were involved
• Whether the defendant was in a position of authority
• Whether other criminal statutes apply

What About a 16-Year-Old?

A 16-year-old is still under 17 under Texas criminal law.

That means the general age-of-consent rule does not simply make every sexual relationship involving a 16-year-old lawful.

However, Texas has a significant close-in-age provision that can protect certain teenagers and young adults from prosecution under specific circumstances.

Does Texas Have a Romeo and Juliet Law?

Yes.

Texas Penal Code § 22.011(e) provides a close-in-age defense in certain sexual-assault prosecutions.

Generally, the defense can apply when:

• The younger person was 14 or older;
• The defendant was not more than three years older than the younger person; and
• The other requirements of the statute are satisfied.

This provision is important because it recognizes that a consensual relationship between teenagers who are close in age can be treated differently from sexual conduct between a minor and a substantially older adult.

The provision is a defense to prosecution, rather than a change to the general age of consent.

What About a 15-Year-Old?

A 15-year-old is under 17 and therefore falls within Texas’s statutory protections for minors.

However, the close-in-age defense can potentially become relevant when the other person is close in age and the statutory requirements are satisfied.

For example, the law should not be analyzed in the same way for:

• A 15-year-old and a 16-year-old
• A 15-year-old and an 18-year-old
• A 15-year-old and a 30-year-old

The ages of both people matter significantly.

What About a 14-Year-Old?

Texas law provides additional protections for younger teenagers.

A person who is 14 may potentially fall within the close-in-age defense if the statutory requirements are satisfied, including the three-year age difference requirement.

However, other Texas laws can impose serious criminal liability depending on the circumstances.

Therefore, the close-in-age rule should not be treated as a blanket exception covering every situation involving a teenager.

What About Someone Who Is 17?

Once a person turns 17, the special statutory age restriction based solely on being under 17 generally no longer applies.

However, this does not mean that every sexual situation involving a 17-year-old is automatically lawful.

Other Texas laws can still apply when circumstances involve:

• Force
• Threats
• Fraud
• Lack of capacity to consent
• Exploitation
• Certain authority relationships
• Sexual trafficking
• Sexually explicit images involving a minor

The exact facts remain important.

Does Consent Matter Under Texas Law?

Consent can matter, but a minor’s agreement does not automatically make otherwise prohibited conduct lawful.

Texas law specifically criminalizes certain sexual conduct involving children regardless of whether the younger person apparently agreed to the conduct.

The applicable offense and any available defense depend on the specific statute.

What About a Teacher or Other Authority Figure?

Texas has additional protections for minors when the accused person is in certain positions of authority or trust.

For example, Texas Penal Code § 21.12 addresses improper relationships between educators and students and can apply in circumstances involving a student enrolled in certain educational settings.

Therefore, the ordinary age-of-consent rules should not be used alone when the older person is a teacher, coach, school employee, or another person in a position covered by Texas law.

What About Sexually Explicit Images?

Age-of-consent laws and laws concerning sexual images of minors are not the same thing.

A person should never assume that because someone is 16 or 17, it is automatically legal to create, request, possess, or distribute sexually explicit images involving that person.

Texas and federal laws impose separate restrictions concerning child sexual exploitation material.

The legal rules concerning images can be substantially different from the rules concerning consensual sexual activity.

What Are the Penalties?

Texas has different penalties depending on the offense and circumstances.

Sexual offenses involving children can result in serious felony convictions and potentially significant prison sentences.

For example, Texas Penal Code § 22.011 establishes different degrees of sexual assault depending on the circumstances.

Other statutes can impose additional penalties when the alleged conduct involves younger children, authority relationships, trafficking, or sexually explicit material.

Frequently Asked Questions

What is the age of consent in Texas?

The general age of consent in Texas is 17.

Can a 16-year-old legally consent to sex in Texas?

Texas law treats a person under 17 as a minor for purposes of several sexual-offense statutes. However, a close-in-age defense can apply in certain circumstances.

Does Texas have a Romeo and Juliet law?

Yes. Texas Penal Code § 22.011(e) provides a close-in-age defense for certain situations involving a person who is at least 14 and an older person who is no more than three years older, subject to the statute’s requirements.

Can an 18-year-old have sex with a 16-year-old in Texas?

This question requires looking at the specific circumstances and the applicable statutory provisions. The Texas close-in-age defense may be relevant when the age difference is within the statutory limit.

Can a 25-year-old have sex with a 16-year-old in Texas?

A substantially older adult does not generally fall within the three-year close-in-age defense. Criminal liability may therefore apply depending on the specific conduct and circumstances.

Is Texas’s age of consent 16 or 17?

The general age of consent is 17. Texas nevertheless has specific statutory defenses and exceptions that can affect particular cases.

Does the age of consent apply to sexual images?

No. Sexual-image laws involving minors are separate from ordinary age-of-consent rules and can impose criminal liability even in circumstances where consensual sexual activity might otherwise be treated differently.

Final Takeaway

The age of consent in Texas is generally 17. People younger than 17 receive special protection under Texas criminal law, but the law also contains a three-year close-in-age defense for certain situations involving people who are at least 14.

Therefore, the ages of both people are critical when evaluating a Texas age-of-consent question.

A simple statement such as “the age of consent is 17” does not cover every Texas sexual-offense law. Authority relationships, force, coercion, sexually explicit images, and the exact ages of the people involved can all change the legal analysis.

This article provides general legal information and is not legal advice. Texas criminal law can change, and a person facing a specific situation should consult a qualified Texas criminal-defense attorney.