Texas Age of Consent Law
A reader asked me what the age of consent is in Texas. Great question. Let me begin by stating there is no section of the Texas Penal Code that defines "age of consent." Rather, you have to begin in the Sexual Assault Provisions of the TPC.
§ 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person: (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
This begs the question- What is a child?
(c) In this section:
(1) "Child" means a person younger than 17 years of age
who is not the spouse of the actor.
Ok. So performing any of the acitivties under (a)(2)(A)-(E) with anyone under 17 (and not your spouse) is illegal in Texas. Doesn't that make many high school students felons? No. Texas has a "Romeo and Juliet" law for minors who are within 3 years of age.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that: (1) the actor was not more than three years older than the victim and at the time of the offense: (A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (2) the victim: (A) was a child of 14 years of age or older; and (B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
So, to answer- the age of consent in Texas is 17. However, if you are 17, the AOC could be 14, as long as you meet the affirmative defense requirements. However, I would recommend you consult with your attorney before choosing any course of conduct.
Comments
http://sexoffenderissues.blogspot.com/
I want to first start off with saying I am NOT pro-pedophile or pro-sex offender but pro-Constitution. I am totally against any form of abuse to any animal or human being. Anybody who commits any crime should be punished. But, once that person has done the time they were convicted under, via contract, and is off parole and/or probation, they should be able to get on with their lives without all the rules and regulations. No other criminal has to live by such draconian laws, so why sex offenders? If we must do this for sex offenders, then I think, to be fair, all criminals must be under similar rules and regulations.
When an ex-offender is forced to move from his/her home, thus having to sell it, cannot find another home within the law due to the residency "buffer" zones, get fired from their jobs due to being on the registry, cannot find a new job due to being on the registry, their husband/wife lose their jobs due to a significant other being on the registry, their children lose their friends and are harassed and bullied in school due to a family member being on the registry, thus destroying the children's lives, ex-offenders are forced into homelessness and to live under bridges, harassed by police, neighbors and probation/parole officers, have to wear "I'm a sex offender T-shirt" or have a neon green license plate on ALL their cars, have "sex offender" on their drivers license and forced to renew their licenses every year, forced from shelters during tornadoes or hurricanes, cannot give blood at some places due to being discriminated against for being on the sex offender registry, denied housing due to being on the registry, signs placed in their yards inviting harassment and ridicule from the neighbors, forced to move when the neighbors start picketing outside the ex-offenders home, the list is endless.
I THINK THIS IS CRUEL AND UNUSUAL PUNISHMENT, BEYOND THE EXTREME!
Posted by: ZMan! | May 19, 2008 3:47 AM
Ok...I have a question. If a 17 year old 4 months short of being 18 and a 21 year old engaged in texting and phone conversations, and the parents of the 17 year old did not approve, would there be any legal actions that the parents could take against the 21 year old?
Posted by: Football88 | May 27, 2008 10:57 PM
F88,
Thanks for reading. However, I can't give legal advise on this blog. I would recommend contacting an attorney in your area to see if the law offers any remedy.
RG
Posted by: Robert Guest | May 28, 2008 12:38 PM
If the age of consent in Texas is 17, why does the CPS Service Plan in the YFZ case state that it is 18?
The plan states on page 2:
"Unmarried children 17 years of age or younger cannot legally agree to sexual relations even if they are willing."
http://web.gosanangelo.com/pdf/051508_fldsplan.pdf
Posted by: Inquiring Mind | June 3, 2008 1:33 AM
ZMan is an RSO & pedophile activist.
http://www.wikisposure.com/ZMan6919
Posted by: IG | June 19, 2008 1:25 AM
http://www.wikisposure.com/ is an organized hate group for perverted justice, the group currently under a civil complaint due to their vigilante tactics that caused the suicide death of a Dallas Area Lawyer. They take money from NBC, yet state on the perverted justice website that they are non-profit while paying their Board of Directors 100,000 dollars a year. Their Tax statements state this as fact. They are led by a ego-maniac, Xavier von Erck, who harasses anyone, including non-sex offenders, who attempts to call his group out on their stalking practices. To change the attention away from their group, they typically label anyone wanted more rational Sex Offender laws as a Pro-pedo, or 'soft' on sexual offenders. To see Xavier in action, take a look at him when asked discuss his group's 'operations' http://www.youtube.com/watch?v=mjwtmw_sAk0
artcile on the payday for Him and Shea, of of the "Board" members.
http://www.radaronline.com/exclusives/2007/11/perverted-payday.php
Posted by: James | June 23, 2008 12:41 PM
i have a friend that is 18 and his girlfriend is 15 thats the romio and juliet rule but he is a mounth older than 3 years so can he get in trouble
Posted by: jon | July 29, 2008 11:58 AM
My sister is 17, as of July 19 `08. She has been dating this guy for about a year, and we just found out he is 25. Would that be considered as a criminal offense? Thanks.
Posted by: Jason | August 4, 2008 10:58 PM
Yes, I am a RSO, but what the user above states, is defamatory BS!
I was charged in 1988/1989 and have not committed any other sex crime since, nor plan on doing so.
Also, I never touched, had sex with, or raped ANY child, so this is a load of BS!!!
Posted by: ZMan | August 15, 2008 5:43 AM
TEXAS - Age of Consent: 17 years of age or younger cannot legally agree to sexual relations even if they are willing."
TEXAS - Age of Criminal Responsibility -
Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be prosecuted for or convicted of any offense that he committed when younger than 15 years of age except: For list of exception at :http://www.bakers-legal-pages.com/pc/0807.htm
15 years of age are responsible enough, to be convicted, except plea deals, be convicted as adult, be sentenced to life in prison.
Responsible enough to go to prison, but, not responsible enough to consent to sexual pleasure with someone you like, drink, drive,smoke, sign contracts, etc.etc.etc.
Posted by: Hey ? | August 17, 2008 9:29 AM