Age of Consent in Texas: What a Child Sex Crime Charge Really Means

The Short Answer: Texas Law Sets Different Ages for Different Offenses

For the child sex offenses in Texas, the line is 17. A “child” is a person younger than 17 years of age under the sexual assault statute, Texas Penal Code § 22.011.

The exact answer depends on which offense is charged. The child’s age can also move a charge into a more serious offense. That is why the age of consent Texas child sex crime charge question starts with one number and then branches.

The child-victim provision applies whether or not the accused knew the child’s age at the time. Not knowing the age does not, by itself, remove the charge.

This page explains each age threshold. It covers the three-year age-gap defense, a 16-and-20 example, and whether a 17-year-old counts as a child. It also covers what the age does not decide.

How the Alleged Minor’s Age Changes the Charge

The alleged child’s age can determine whether sexual assault of a child applies under § 22.011, where a child is younger than 17, and whether aggravated sexual assault applies under § 22.021, where a victim younger than 14 is one basis for it; either offense also requires the prohibited sexual conduct and any aggravating factor the statute lists.

This applies whether or not the accused knew the age, under § 22.021. The offense is a first-degree felony. The Texas Attorney General’s offense-by-range chart lists the punishment ranges.

The minimum prison term rises to 25 years if the child is younger than 10. The minimum prison term rises to 25 years if the child is younger than 10. Under Texas Penal Code § 22.021, the minimum prison term rises to 25 years if the victim was younger than 14 years of age when the offense was committed and the person committed it in a manner described by Subsection (a)(2)(A). That subsection covers a person who causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; by acts or words in the victim’s presence threatens to cause any person to become the victim of such an offense or to cause the death, serious bodily injury, or kidnapping of any person; uses or exhibits a deadly weapon in the course of the same criminal episode; acts in concert with another who engages in the same kind of conduct toward the same victim during the same criminal episode; or, with the intent of facilitating the offense, administers or provides to the victim any substance capable of impairing the victim’s ability to appraise the nature of the act or to resist the act.

Causing penetration of, or contact with, a child is generally a second-degree felony under Texas law, unless an exception applies. The child’s agreement is not an element of that subsection. The consent conditions in subsection (b) are written for conduct under subsection (a)(1).

Indecency with a child. Sexual contact or exposure involving a child younger than 17 falls under § 21.11. Sexual contact is a second-degree felony. Exposure is a third-degree felony. Contact counts only when it is done to arouse or gratify sexual desire.

The consent defense has limits. The general consent defense in § 22.06 covers assault, aggravated assault and deadly conduct. It does not list the sexual offenses.

The Three-Year Age-Gap Defense for 14- to 16-Year-Olds

It is an affirmative defense, so the defense must raise it. It is not automatic just because the ages are close.

The defense has more conditions than a simple age rule.

Indecency has its own defense. Under § 21.11, the three-year gap defense also requires the actor and victim to be of the opposite sex. It also requires that no duress, force or threat was used.

Whether the defense applies depends on the facts. The ages on the relevant dates, the conduct charged and the registration history all matter.

Can a 16-Year-Old and a 20-Year-Old Be Charged?

A 20-year-old and a 16-year-old are four years apart. That gap is more than the three-year limit in the affirmative defense. The defense is not available on those ages.

Under Tex. Penal Code § 22.011(c)(1), a ‘child’ means a person younger than 17 years of age. When the other person is a child, the minor’s agreement is not an element of the offense. The statute applies whether or not the accused knew the child’s age.

This example only addresses the age gap. The charge also depends on what conduct is alleged, when it happened and what evidence exists. A four-year gap does not predict how any case will end.

Is a 17-Year-Old Still a Minor in Texas?

Under Texas’s sexual assault definition, a “child” is a person younger than 17 years of age, so a 17-year-old does not fall within that definition.

Indecency with a child uses the same younger-than-17 line under § 21.11. So the 17th birthday matters in both statutes.

Other settings use their own age rules. School, custody and juvenile proceedings each have their own standards. Those rules are separate from the sexual offense thresholds.

What the Age Does Not Decide

The alleged child’s age is one element of the charge. That includes the conduct, the timing, the relationship between the people involved and the evidence.

The age question is also a matter of records and proof. The defense reviews the records that show the ages on the relevant dates. The defense also reviews statements and the timeline. If an account changes over time, that change is part of the review.

Bond terms can create a separate problem. In a sexual assault case, knowingly violating a bond condition related to the safety of a victim or the community can be its own offense under Texas law, but only for conduct the statute specifically lists. That includes communicating with a protected person in a threatening or harassing manner. Under § 25.07(e), an officer investigating a possible violation may not arrest the protected person for that violation.

No lawyer can predict how a case will end. The age question is one part of a larger review.

Related Steps After a Child Sex Crime Allegation

Early steps can affect a case as much as the age question does. Bond terms, firearm rules and statements to others each matter.

Bond conditions often limit contact with the alleged child, family members or witnesses. A violation can create a new charge, as covered above.

Firearm rules can apply before a case is decided.

Statements matter too. Comments to family, school staff or investigators can become evidence. Timing and wording both count.

Talk With Heather Barbieri About a Charge Involving a Child’s Age

Heather Barbieri is the lawyer at Barbieri Law Firm in Frisco, Texas. The firm defends people accused of child sex crimes and other sex and assaultive offenses. The first consultation is free, confidential and without obligation.

Quick answers

Is the age of consent in Texas 17? For these child sex offense statutes, the line is 17. A child is a person younger than 17.

Does the age-gap defense apply to every pair of ages? Under Tex. Penal Code § 22.011(e)(2)(A), one condition for this affirmative defense is that the actor was not more than three years older than the victim at the time of the offense. Under Tex. Penal Code § 22.011(a)(2), the offense applies regardless of whether the person knows the age of the child at the time of the offense.

Is a 17-year-old still a minor? Not as a “child” under these statutes.

If you just learned the alleged child is 14, 15 or 16, and you aren’t sure how the three-year gap applies, call (972) 424-1902 or send your case details through the contact page. Heather Barbieri will review the charge, the ages and the evidence with you.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.