What is the Age of Consent in Texas?

The age of consent varies based on the type of sex offense.

There is no single “age of consent” in Texas. Most sex crimes laws in the Lone Star State define a child or minor as anyone under 17. Some laws, such as the child pornography law, define a child or minor as anyone under 18.

A Romeo & Juliet affirmative defense usually applies. Typically, the defendant must be less than three years older than the alleged victim, who was at least 14 at the time of the offense.

Texas, like most other states, has a lifetime sex offender registration law. A lower limit applies in some cases. Also like most other states, Texas has a three-tier risk level. Sex offender registration could be public or private. So, a Ft. Worth criminal defense lawyer basically has two chances to mitigate the effects of the sex offender law. More on that below.

Sex Crime Defenses

A Ft. Worth criminal defense lawyer can use procedural, substantive, and affirmative defenses in most sex crimes cases.

Fifth Amendment violations, usually illegal interrogations, are one of the most common procedural defenses in sex crimes cases. The Fifth Amendment gives everyone, regardless of citizenship status, the right to remain silent during law enforcement contacts. Obeying basic “step out of the car” commands is basically the only exception.

The Fifth Amendment’s protections apply the moment police officers begin custodial interrogation. “Custody” means the defendant doesn’t reasonably feel free to leave, whether or not the officer has uttered the magic words “you’re under arrest.”

We mentioned pornography possession cases above. These cases sometimes involve Fourth Amendment search and seizure procedural violations.

Substantively, the state must prove every element of an offense beyond any reasonable doubt. If the alleged victim’s age is one of these elements, prosecutors must normally introduce the best evidence on this point, like a birth certificate. Second-best evidence, like oral testimony, usually is not good enough.

The best evidence rule comes into play in other areas as well. The best evidence of sexual contact is a rape kit, not an alleged victim’s statement to that effect or testimony from witnesses who saw the alleged victim and defendant go upstairs together.

Romeo & Juliet age difference is an affirmative defense. The defendant must admit culpability and then convince the court the conduct wasn’t illegal. The alleged victim’s actual age is usually all that matters. If the alleged victim lied about her age, that’s usually not a defense. In fact, if she used a fake ID, that might not be a defense either.

Post-Trial Matters

After a court passes a sentence, the state usually assigns a risk-of-re-offense ranking from level one (slight risk) to level three (severe risk). Sexual predators, as defined in the statute, could be subject to civil commitment following the expiration of their prison terms.

A Ft. Worth criminal defense lawyer often informally advocates for defendants during this process, usually by submitting the sworn statements of character witnesses. Level one registration usually is not publicly visible, and the requirement lapses 10 years after release from prison.

If the defendant receives probation, the defendant must abide by numerous conditions. If the defendant violates probation, the state may file a motion to revoke probation and send the defendant to jail. Usually, a lawyer resolves these matters out of court. Frequent compromises include serving a few days in jail as a condition of reinstatement or agreeing to tougher conditions.

Connect With a Savvy Tarrant County Sex Crime Defense Attorney

Several defenses are available in sex crimes matters. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker. The sooner you reach out to us, the sooner we start working for you.