Texas Sex Crime Law – Know Your Rights!

The legal age for sexual consent in Texas is 17 years old. Texas does not strictly enforce penalties so long as the younger person (the alleged victim) is at least 14 years old and the age differential is 3 years or less. Texas’ age of consent laws are gender neutral, meaning they apply to both heterosexual and homosexual sexual conduct.

So can a 15-year-old date an 18-year-old in Texas? If talking about strictly dating, yes. No state has any laws against dating a minor so it is allowed. However, if talking about sex, the legal age limit for consent is 17; however, in this case the younger party is at least 14 and the older party is within 3 years of age so it is not considered a crime.

Many states have “Romeo and Juliet” laws in place to protect teens from sex crime charges and punishments if the case meets certain requirements. The details and applications of these laws vary by state. In Texas, Romeo and Juliet Law provides two main protections for cases involving consensual sexual relations:

1. The three-year age gap defense. As in the example provided above, those accused of a sex crime in Texas may be exempt from persecution so long as they are within three years of the alleged victim and the alleged victim was at least 14 years old.
2. The sex offender registration exemption. Although a person who has consensual sex with a minor is not protected from being charged with statutory rape if they are more than three years older than the alleged victim, Romeo and Juliet law may allow them be exempt from having to register as a sex offender if they meet certain requirements for engaging in consensual sexual relations with someone under the age of 17. These requirements are that the there is no more than a four-year age difference and the alleged victim is at least 15 years old.

To learn more about the requirements needed to apply Romeo and Juliet Law to your sex crime case, you’ll have to speak with a knowledgeable defense attorney who can review your individual circumstances.

While certain states specify how far a registered sex offender can live from a school or playground, there is no such standard in Texas about where a sex offender can or cannot live. For registered sex offenders who are being supervised by the court and out on parole or probation, limits on how close they can live to a school or other “child safety zones” are determined on a case-by-case basis. Registered sex offenders who do not have court supervision can live anywhere they want, but the state keeps track of where they are and may take certain precautions to inform nearby residents.

In Texas, child safety zones, such as schools and playgrounds, do not necessarily impact where a registered sex offender can live, but they do restrict offenders from joining any programs that are based in these zones. This rule only applies to offenders under court supervision.

In Texas, certain sex crime felonies have no limitations whatsoever – including indecency with a child. Due to changes made by the Texas legislature in 2008, there is also no statute of limitations for sex assault of a child or continuous sexual abuse of child.

The statute of limitations is a law aimed at protecting persons accused of a sex crime from being charged and punished for sex crimes allegedly committed a long time ago. The statute of limitations in sex offense cases is especially important and can be a compelling defense strategy if properly understood. You should contact a knowledgeable attorney in your area if you have questions about using the statute of limitations defense in your case.

According to Texas sex crime law, if convicted of indecent exposure or contact with a child (a third degree felony in Texas), an individual may be sentenced to 2-10 years in prison and up to $10,000 in fines. Aggravated sexual assault of a child in Texas, on the other hand, can lead to up to 99 years in prison and up to a $10,000 fine if convicted.

It is impossible to know the exactly how a defendant will be punished without knowing the specific charges and details about his or her case. You should always talk with an experienced criminal defense lawyer if you or a loved one are charged with a sex crime. Nothing can replace meeting a lawyer face-to-face to discuss your legal rights and options.