Romeo and Juliet Law Texas: Does Texas Have One? Ages and the Three-Year Defense

Last verified October 31, 2026 against current Texas law

The Romeo and Juliet law Texas teens and parents search for is not a separate law. It is a close-in-age defense written into the sexual assault and indecency statutes of the Penal Code. This guide explains what the defense covers, how the age gap is counted, which offenses it does not reach, and how Texas compares with nearby states. For the full breakdown of the age itself, read our guide to the legal age of consent in Texas.

Does Texas have a Romeo and Juliet law?	Not as a named law. The closest match is an affirmative defense in Penal Code § 22.011(e)(2)
Maximum age gap	Not more than 3 years between the actor and the victim
Is 17 legal in Texas?	Generally yes for consensual conduct, because a person 17 or older is not a “child” under Penal Code § 22.011(c)
Offense the defense answers	Sexual assault of a child, a second-degree felony: 2 to 20 years in prison
Related defense	Indecency with a child, Penal Code § 21.11(b): opposite-sex partners only, and no duress, force or threat
Who decides it	A judge or jury, after the defendant raises it

Does Texas have a Romeo and Juliet law?

No, not under that name. A Romeo and Juliet law is the common label for a rule that softens criminal charges when two young people close in age have a consensual relationship. Texas does this through a defense, not through a separate offense or a lower penalty.

The defense sits in Penal Code § 22.011(e). A defendant can use it against a charge of sexual assault of a child when the actor was not more than three years older than the victim, the victim was at least 14, and the actor was not a required lifetime sex offender registrant. The same section also allows a defense for a spouse. A similar defense for indecency with a child appears in Penal Code § 21.11(b).

How the Texas Romeo and Juliet law works

It is an affirmative defense, which is different from a legal exception. Police can still arrest, a prosecutor can still file charges, and the defendant has the burden of raising the defense and offering evidence for it. The defense does not apply automatically.

Under Penal Code § 22.011(e)(2), the defense for sexual assault of a child needs these facts:

• The actor was not more than three years older than the victim.
• The actor was not required to register for life as a sex offender under Code of Criminal Procedure Chapter 62, or did not have a reportable conviction or adjudication under that chapter for an offense under § 22.011.
• The victim was not someone the actor was prohibited from marrying, purporting to marry or living with as married under Penal Code § 25.01, or from having sexual intercourse with under Penal Code § 25.02 (certain close relatives).
• The victim was at least 14 years old. Aggravated sexual assault of a child younger than 14 falls under Penal Code § 22.021, a first-degree felony, and that section has no close-in-age defense.

The defense is about timing and dates, not just ages in years. A court compares the actual birth dates, so a 16-year-old and a partner who is three years and two months older fall outside the rule.

Texas Romeo and Juliet law age difference: how the three years are counted

The gap is measured between actual birth dates. The table shows how the defense usually applies to common age pairs. It assumes the younger person is the alleged victim, the older partner is not a registrant described above, and the other conditions are met.

Ages	Gap	Defense in Section 22.011(e)
14 and 16	2 years	Defense can apply
15 and 18	3 years	Defense can apply if birth dates are within 3 years
16 and 18	2 years	Defense can apply
16 and 19	3 years	Defense can apply only if the exact gap is 3 years or less
16 and 20	4 years	No defense; the gap is over 3 years
13 and 15	2 years	No defense; the younger person is under 14, the defense requires a victim of at least 14, and Penal Code § 22.021 has no close-in-age defense
17 and 20	3 years	Not sexual assault of a child, because 17 is not a “child” under § 22.011

Is 17 legal in Texas?

Generally yes for consensual conduct. Section 22.011 defines a “child” as a person younger than 17, so a 17-year-old is not a child for that offense. That is why the three-year defense matters only for partners where the younger person is 16 or under. It is not a loophole that expires at a certain age. It simply never needs to be used once both people are 17 or older.

Other laws can still apply at 17. Force, threats, incapacity, and abuse of a position of authority change the analysis, and an employee of a public or private primary or secondary school commits a second-degree felony under Penal Code § 21.12 by sexual contact or intercourse with a student enrolled at the school where the employee works, whatever the student’s age. That section has narrow defenses, including marriage to the student. Online messages and images follow other rules: the image law in Penal Code § 43.261 defines a minor as anyone younger than 18.

Does the Romeo and Juliet law apply to dating, texting and photos?

The laws in this guide target sexual conduct and some online conduct, not dating as such. The criminal rules discussed here apply to sexual contact, sexual messages sent to a minor, and sexual images. Teens and parents often mix those topics together, but each one has its own law.

• Sexual contact: the 3-year defense in § 22.011(e) and, for indecency, § 21.11(b).
• Online solicitation: Penal Code § 33.021 covers online sexually explicit communication with a minor by a person 17 or older, and online solicitation of a minor to meet for sex. Here a minor is a person younger than 17, or someone the actor believes is younger than 17. The defenses of marriage to the minor or being no more than three years older with the minor’s consent apply to the solicitation offense.
• Sexual images: Penal Code § 43.261 applies when the person sharing or possessing the image is also a minor (younger than 18). It is generally a Class C misdemeanor, with higher classes for repeat offenses or intent to harass, and it does not use the 22.011 age of 17.

Real Texas scenarios

Two students at the same high school, 15 and 17

The age gap is two years, so the defense in § 22.011(e)(2) can apply if the older student is not a required lifetime registrant. The law still treats the charge as a serious felony, and a family should speak with a Texas-licensed criminal defense attorney before any police interview.

A 16-year-old and a 20-year-old who met online

The gap is four years, so the defense does not apply. The offense also applies whether or not the adult knew the younger person’s age, so a claim that the teen said they were 18 does not change the outcome.

A 17-year-old and a 19-year-old

Because the 17-year-old is not a “child” under § 22.011, the sexual assault of a child offense does not apply to consensual conduct. The three-year defense is not needed. Force, intoxication, or an authority relationship would raise other charges.

Myths vs. facts about the Romeo and Juliet law in Texas

Myth	Fact
“Texas has a Romeo and Juliet law that makes it legal.”	Texas has an affirmative defense that must be raised in court. It does not make the conduct legal.
“It works at any age as long as it is three years.”	The partner cannot be a required lifetime registrant, the younger person must be at least 14, and § 22.021 (child under 14) has no close-in-age defense.
“A parent can approve.”	Parental permission is not a listed defense. The statute lists marriage to the child, the close-in-age defense and a medical-care defense.
“Texting is covered the same way.”	Online solicitation and image laws use separate rules, ages and defenses.
“If the older partner is under 18 it is always fine.”	The defense is still decided on the facts, including birth dates and registration status.

Texas compared with Louisiana and New Mexico

The age of consent is not the same everywhere, and the law of the state where the conduct occurred controls. Each state also attaches its own conditions, such as age gaps (Louisiana and New Mexico use four years in their main offenses) and school or authority rules, so check the law of that state before relying on this table.

State	Age of consent
Texas	17
Louisiana	17
New Mexico	17

What to do if you are worried or accused

Anyone who has 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. Call the DFPS Abuse Hotline at 1-800-252-5400, or 911 if a child is in immediate danger. If police contact you or a family member about one of these offenses, stop talking and speak with a Texas-licensed criminal defense attorney first. See also our guide to Texas domestic violence laws and common Penal Code offenses.

Frequently asked questions

What is the Romeo and Juliet law in Texas?

It is the nickname for the close-in-age defense in Penal Code § 22.011(e)(2). A defendant can use it when the partner was not more than three years older and was not a required lifetime registrant. It is raised in court after charges are filed and does not prevent arrest.

Does Texas have a Romeo and Juliet law?

Not as a named law. Texas has an affirmative defense that works like one for some cases of sexual assault of a child and, with extra limits, indecency with a child. The age of consent remains 17, and the defense does not change that rule.

Is 17 legal in Texas?

For consensual conduct, generally yes under the sexual assault of a child statute, because a person who is 17 is not a child under Penal Code § 22.011. Other laws can still apply, including those on force, incapacity, school employees and sexual images.

Does the Romeo and Juliet law apply to a 14-year-old?

The three-year defense can apply to sexual assault of a child when the younger person is at least 14 and the other facts fit. A child younger than 14 falls under the aggravated statute, Penal Code § 22.021, which carries first-degree felony penalties and has no close-in-age defense.

Is the Texas Romeo and Juliet law the same as an age gap rule for dating?

No. The statutes covered here do not set a dating age limit. The defense only applies to a criminal charge for sexual conduct, and it depends on birth dates, registration status and the relationship between the people involved.

Can a parent give permission under the Romeo and Juliet law in Texas?

No. Parental consent is not a listed defense under Section 22.011. The only spouse-based defense applies when the actor was legally married to the child at the time of the offense.

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.