When Can an Age Difference Lead to Sex Crime Charges in Texas?

 Posted on September 12, 2026 in Criminal Defense

Age affects whether a sexual relationship is legal in Texas.However, Texas law also provides a limited defense for some people who are close in age. If you are accused of a sex crime involving someone younger than 17 in 2026, the ages of both people affect the charges and available defenses. Our Plano, TX criminal defense attorney can review the allegations and explain your legal options.

What Is the Age of Consent in Texas?

The age of consent in Texas is 17. Under Texas Penal Code § 22.011, sexual activity with someone younger than 17 can result in sexual assault charges, even if the younger person agreed to it.

For example, a 20-year-old who has sex with a 16-year-old could face a sexual assault charge, even if the 16-year-old claims it was consensual. However, Texas has an exception that can apply when the two people are closer in age.

When Does the Texas Close-in-Age Defense Apply?

Texas provides a defense to certain sexual assault charges when the accused is no more than three years older than the other person, and the younger person is at least 14. This is often referred to as the "Romeo and Juliet" defense.

This means a consensual relationship between a 17-year-old and a 15-year-old could fall within this defense, while a 19-year-old and a 15-year-old would fall outside the three-year age limit.

The defense also has other requirements under Texas Penal Code § 22.011. For example, the accused cannot have certain prior reportable sex offense convictions or adjudications, and the two people cannot be prohibited from marrying under Texas law. The conduct must also have been consensual.

Does the Same Age Rule Apply to Indecency With a Child in Texas?

Texas can also bring indecency with a child charges when the younger person is under 17, but this offense does not require sexual intercourse. According to Texas Penal Code § 21.11, the charge involves sexual touching or certain sexual exposure involving a child younger than 17.

For example, an adult accused of sexually touching a 16-year-old could face an indecency with a child charge even though no intercourse occurred. The law applies regardless of whether the accused knew the child's actual age.

Texas does provide a close-in-age defense to this charge, but it has its own requirements. This is why the type of conduct alleged, along with the ages of both people, determines which Texas sex crime law applies.

Is It a Sex Crime in Texas if Someone Lies About Their Age?

Someone claiming to be older than they really are does not automatically prevent a sex crime charge. However, messages about age can still be important evidence in a criminal investigation. An experienced defense lawyer can review those communications and determine how they relate to the allegations and whether they can help in building a defense.

What Are the Penalties for Child Sex Crimes in Texas?

Sexual assault of a child is typically a second-degree felony. A conviction carries a sentence of two to 20 years in prison and a possible fine of up to $10,000. In certain cases, the charge can be elevated to a first-degree felony.

Indecency with a child by sexual contact is also a second-degree felony. Indecency by exposure is a third-degree felony, which carries two to 10 years in prison and a possible fine of up to $10,000.

These offenses are also subject to Texas sex offender registration laws.

What Should You Do if an Age Difference Leads to a Sex Crime Investigation in Texas?

A sex crime investigation can begin before formal charges are filed. If police contact you about an alleged relationship with someone under 17, avoid trying to explain the situation on your own.

You should also:

• Avoid deleting texts or other communications.
• Avoid contacting the person involved in the allegation.
• Speak with an attorney before answering police questions.
• Preserve records about what was said regarding the person's age.

Preserving the original communications gives an attorney a chance to review the complete exchange rather than isolated messages. It can also provide context for statements described in a police report.

Contact a Collin County, TX Sex Crimes Defense Lawyer

At The Crowder Law Firm, P.C., we represent clients facing serious criminal charges, including sexual assault and crimes against children. We've secured more than 300 not-guilty verdicts and acquittals for our clients.

If you're facing sex crime charges, contact our Plano, TX criminal defense attorneys or call 214-544-0061 for a free consultation.

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