The Age of Consent
Penal Code 22.011 — 17, and the three year defense at 14 and older
For the sexual assault section a child is a person younger than 17. Sexual conduct with a child is sexual assault, a felony of the second degree, which carries 2 to 20 years in prison.
Who handles this in Texas: State Bar of Texas, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Texas directory.
The three year defense. It is an affirmative defense that the actor was not more than three years older than the other person, the other person was 14 or older, the actor was not a registered or reportable sex offender for this offense, and the two were not barred from marrying each other. Being the child's spouse is also a defense.
Other sexual offenses, registration and the consequences of a conviction are in other sections not covered here. A charge, or the worry of one, is a question for a licensed Texas attorney.
Sources for this section (2)
- Penal Code 22.011 — Sexual assault
- Penal Code 12.33 — Second degree felony punishment
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.