Legal Age of Consent in Texas: 17, the Three-Year Defense and Penalties

Last verified October 28, 2026 against current Texas law

The legal age of consent in Texas is 17. Texas has no single statute with those words in it. Instead, the Penal Code makes it a crime to engage in sexual activity with a “child,” and it defines a child as a person younger than 17. This guide covers what that means for 14-, 15- and 16-year-olds, how the three-year defense works, what changes at 17, and what to do if you are worried about a young person.

Age a person is no longer a “child” for sexual assault	17 (Penal Code § 22.011(c))
Main offense for ages 14 to 16	Sexual assault of a child, a second-degree felony: 2 to 20 years in prison and up to a $10,000 fine
Child under 14	Aggravated sexual assault of a child, a first-degree felony (Penal Code § 22.021)
Close-in-age defense	Partner not more than 3 years older, victim at least 14, no required lifetime registration (Penal Code § 22.011(e))
Does knowing the age matter?	No. The offense applies “regardless of whether the person knows the age of the child”
Where to report concerns	Texas Department of Family and Protective Services (DFPS) Abuse Hotline: 1-800-252-5400

What is the legal age of consent in Texas?

It is 17. Under Penal Code § 22.011(c)(1), a “child” is a person younger than 17. A person who engages in sexual penetration or specified oral, anal or genital contact with a child commits sexual assault of a child, and the child’s agreement is not a defense.

Most people search for “statutory rape,” but Texas does not use that phrase in its statutes. The charge is sexual assault of a child, or indecency with a child, depending on the conduct. The Texas State Law Library explains that Texas has no single age-of-consent law and that different Penal Code offenses use age 17 or 18 depending on the crime.

There is one spouse exception. It is a defense if the actor was legally married to the child at the time of the offense. Permission from a parent is not a defense, and neither is the child saying they were older.

Texas statutory rape laws: sexual assault of a child

Sexual assault of a child is a second-degree felony. Section 22.011(a)(2) covers sexual penetration and specified oral, anal or genital contact with a person younger than 17, and it applies “regardless of whether the person knows the age of the child at the time of the offense.” Someone who honestly believed a partner was 18 can still be charged.

The penalty rises to a first-degree felony when the other person is someone the actor is barred from marrying or having sex with under Penal Code §§ 25.01 and 25.02, such as a close relative. Texas also treats a child younger than 14 more severely, as the table below shows.

Offense	Statute	Level	Punishment
Sexual assault of a child (under 17)	Penal Code § 22.011(a)(2)	Second-degree felony	2 to 20 years, fine up to $10,000
Same offense, relative the actor cannot marry	Penal Code § 22.011(f)	First-degree felony	5 to 99 years or life
Aggravated sexual assault of a child (under 14)	Penal Code § 22.021	First-degree felony	5 to 99 years or life; longer minimums apply in some cases
Indecency with a child, sexual contact	Penal Code § 21.11(a)(1)	Second-degree felony	2 to 20 years
Indecency with a child, exposure	Penal Code § 21.11(a)(2)	Third-degree felony	2 to 10 years
Improper educator and student relationship	Penal Code § 21.12	Second-degree felony	2 to 20 years

Most of these offenses, though not the educator offense or the minor image offense, can require sex offender registration under Code of Criminal Procedure Chapter 62. In limited cases a court can exempt a young offender under articles 42.017 and 62.301. That consequence often matters more to families than the prison range, so ask a defense attorney about it early.

Is 16 and 18 legal in Texas?

Not automatically. A 16-year-old is a “child” under Texas law, so sex with an 18-year-old fits the offense. But the three-year defense can apply, because the age gap is two years and the 16-year-old is at least 14. The defense is not a green light. It is something a defendant raises after being charged.

The same logic answers the other age pairs people search for. The table below applies Section 22.011(e) to each pair, assuming nobody involved is a required lifetime registrant and no force, coercion or position of authority is involved.

Ages	Gap	How Section 22.011 treats it
14 and 17	3 years	Defense can apply; the younger person is 14
15 and 18	3 years	Defense can apply; the gap is not more than 3 years
16 and 18	2 years	Defense can apply
16 and 19	3 years	Defense can apply if the gap is exactly 3 years or less by birth date
16 and 20	4 years	No defense; the gap is over 3 years
13 and 16	3 years	No defense; the younger person is under 14
17 and 20	3 years	Not sexual assault of a child, because 17 is not a “child” under § 22.011

Is 15 and 18 legal in Texas?

Only if the defense fits. A 15-year-old is under 17, so the offense applies. The defense can cover an 18-year-old who is not more than three years older, as long as the 15-year-old is at least 14. The court looks at actual birth dates, not just ages in years.

Is 16 and 19 legal in Texas?

It depends on the birth dates. A 19-year-old who is not more than three years older than the 16-year-old can raise the defense. If the gap is even a few months over three years, the defense is gone and the offense is a second-degree felony.

Is 17 and 20 legal in Texas?

Generally yes, for consensual conduct. At 17, a person is no longer a “child” under Section 22.011, so the sexual assault of a child offense does not apply. Other laws still can, including those on force, incapacity, and abuse of a position of authority, covered below.

How the three-year defense works

The defense is narrow. Texas lawyers sometimes call it a “Romeo and Juliet” law, and our guide to the Romeo and Juliet law in Texas explains it in more detail. Under Penal Code § 22.011(e)(2), it requires all of the following:

• The actor was not more than three years older than the victim.
• The victim was 14 or older.
• The actor was not required to register for life as a sex offender, or had no reportable conviction or adjudication for sexual assault.
• The victim was not someone the actor was barred from marrying or having sex with under Penal Code §§ 25.01 and 25.02.

It is an affirmative defense. That means police can still arrest, a prosecutor can still file charges, and the defendant has to raise the defense and present evidence for it. The indecency statute has a similar defense in Penal Code § 21.11(b), with two extra limits: the actor must be of the opposite sex from the victim, and cannot have used duress, force or a threat.

Online solicitation, sexting and the age of 18

Digital conduct is covered by separate laws, and some use a different age. Under Penal Code § 33.021, a person 17 or older who uses the internet or text messages to send sexually explicit messages or material to a minor, with intent to commit certain sex offenses, commits a third-degree felony, and a second-degree felony if the minor is younger than 14. A “minor” includes someone the actor believes is younger than 17. Asking a minor to meet for sex is a second-degree felony, with a defense for a spouse or for an actor not more than three years older when the minor consented.

Images are a separate matter. Under Penal Code § 43.261, a minor means someone younger than 18, so two 17-year-olds are inside that law even though 17 is the age of consent. For minors who exchange images, the offense is generally a Class C misdemeanor, and the offense applies when the person sending or keeping the image is a minor. A defense exists when the image shows only the sender, or a minor within two years of age who was a dating partner or spouse, and it was shared only between them. Adults who possess or share such images face felony charges under Chapter 43.

What changes at 17?

You are no longer a “child” under the sexual assault statute, but the law still protects you in several ways. Sex is still a crime without real consent, and Texas lists many situations where consent is treated as missing, such as force, threats, unconsciousness, or mental incapacity.

A school employee also commits a second-degree felony by having sexual contact with a student enrolled at their school, and Section 21.12 sets no age limit for that student. The statute’s defenses cover a spouse, or an actor not more than three years older whose relationship began before the actor worked at the school. Texas also lists abuse of a position of trust, such as a health care provider or clergy member, among the situations where consent is not valid.

Real situations in Texas

Two Texas high school students, 15 and 17

The 17-year-old is the actor and is 2 years older. If the 17-year-old is not a registrant, the three-year defense can apply. The law still treats this as a serious felony charge, which is why families usually bring in a defense attorney before any police interview.

A 16-year-old who tells a 20-year-old she is 18

The age gap is 4 years, so the defense does not apply. Her statement about her age does not help, because the offense applies whether or not the person knows the age. A fake ID or a social media profile does not change that.

A 17-year-old student and a teacher at the same school

Even though the student is 17, the employee commits a second-degree felony under Section 21.12 by having sexual contact with a student enrolled at their school. The student’s agreement is not the question.

Myths vs. facts about the age of consent in Texas

Myth	Fact
“My parents said it is okay.”	Parental permission is not a defense. Only a legal marriage to the child is.
“They told me they were 18.”	The offense applies regardless of whether the person knows the child’s age.
“Anyone 17 or older is fair game.”	Force, incapacity, positions of authority and school employee rules still apply at 17.
“Everyone has a three-year pass.”	The defense needs a gap of not more than 3 years, a victim 14 or older, and an actor with no lifetime registration duty.
“The age is the same for photos.”	For images and sexual performance laws, the protected age is under 18, not 17.

Recent changes: HB 3073 and the age of 17

No law has changed the age of 17. House Bill 3073, signed in June 2025 and effective September 1, 2025, changed how sexual assault cases without consent treat intoxication and consent, using the Penal Code’s definition of consent. It did not move the age at which a person is a child under Section 22.011.

If you are worried about a child or have been accused

In Texas, any person with reasonable cause to believe a child is being abused must report it. Family Code § 261.101 requires a report to law enforcement or the Texas Department of Family and Protective Services (DFPS) from any person with reasonable cause to believe a child has been abused, and the report must be made immediately. Professionals have a stricter deadline and cannot hand the duty to someone else. Call the DFPS Abuse Hotline at 1-800-252-5400 or report online at txabusehotline.org, and call 911 if a child is in immediate danger.

If you or a family member has been contacted by police about one of these offenses, stop talking and speak with a Texas-licensed criminal defense attorney before any interview. Our guide to Texas domestic violence laws and common Penal Code offenses explains related charges, and our adult content and sex laws guide covers age checks and sexual image laws for adults.

Frequently asked questions

What is the legal age of consent in Texas?

It is 17. Texas defines a child as a person younger than 17 for sexual assault of a child under Penal Code § 22.011. Separate offenses protect people under 18 in some situations, including sexual images, and school employees cannot have sexual contact with a student they work with at any age.

Is 16 and 18 legal in Texas?

The offense applies because the 16-year-old is under 17, but the three-year defense can apply. The partners are two years apart, the younger person is at least 14, and the older person must not be a required lifetime registrant. The defense must be raised in court, and it does not stop an arrest or charge.

Is 15 and 18 legal in Texas?

Only through the defense. A 15-year-old is a child, so the offense applies. The defense can cover an 18-year-old who is not more than three years older, provided the younger person is 14 or older and no registration or family-relationship limits apply. Exact birth dates decide it.

Is 16 and 19 legal in Texas?

It depends on the birth dates. If the 19-year-old is not more than three years older and meets the other requirements, the defense can apply. If the gap is over three years, there is no defense, and sexual assault of a child is a second-degree felony.

Is 17 and 20 legal in Texas?

For consensual conduct, generally yes under the sexual assault of a child statute, because a 17-year-old is not a child under Penal Code § 22.011. Other laws can still apply, including those on force, incapacity, abuse of authority, and school employees, so the facts matter.

Does Texas have a statutory rape law?

Texas does not use that term. The comparable offenses are sexual assault of a child under Penal Code § 22.011, aggravated sexual assault of a child under § 22.021, and indecency with a child under § 21.11. Consent and the offender not knowing the age are not defenses.

If this affects you: if a child may be in danger, call the DFPS Abuse Hotline at 1-800-252-5400 or 911. If you are under investigation or charged, speak with a Texas-licensed criminal defense attorney before answering questions. This guide is general legal information, not advice for your situation. Browse more in marriage, family and relationships, read how we research every guide in our editorial policy, or report an error.