Texas Romeo and Juliet Law 2024 Explained

There are certain laws in the state that may protect certain potential sex offenders from being punished as severely as others. One of these is known as the “Romeo and Juliet law.” The law refers to an affirmative defense that can be used to avoid a criminal conviction for a sexual offense between an underage partner and a partner that is close in age, so long as both parties were consenting to the sexual act. The Texas Romeo and Juliet law is worth explaining further.

Explaining the Romeo and Juliet Law in Texas

Texas is one of many states that have a Romeo and Juliet law in place in order to try and protect young people who engage in sexual acts consensually from being labeled as sex offenders and put on the same list as rapists, pedophiles, and other sexual sadists.

It was decided by Texas lawmakers that it did not make sense to prosecute minors for a felony if they are engaging in sexual intercourse with someone who is considerably close in age to them, even though the age of consent in Texas is 17.

Generally, the Romeo and Juliet statute protects those who are engaging in sexual activity with a minor who is three years younger than them. This, of course, also depends heavily on the situation. Consent is required for this statute to even apply.

Affirmative Defense

The Romeo and Juliet law can be used as an affirmative defense, not as a defense itself. This means that you can use this statute as evidence to negate your arrest, but it can’t be used to prevent the actual arrest itself at the moment.

The Romeo and Juliet defense can only help you out after you have been arrested, bailed out, and charged with a criminal act. There will be a court document stating that you have been charged with sexual assault of a minor or indecency unless you can get it expunged.

Statutory Rape

It is important to differentiate the Romeo and Juliet defense from statutory rape, as the two are often mentioned together. Since the age of consent in Texas is 17 years old, anyone older than that who engages in sexual activity with someone 16 or younger can be charged with statutory rape unless that person is three years older than them. A 16-year-old can have a legal sexual relationship with someone who is 19 years old, according to the Romeo and Juliet statute.

If someone who was 21 were to have a sexual relationship with a 16-year-old, they would be arrested for statutory rape, regardless of whether or not consent was given. These laws exist to protect minors from being sexually manipulated at a time when they may not fully understand consent yet.

It is important to note that the Romeo and Juliet law does not extend to anyone under 14 years old. If someone 16 years old were to begin a sexual relationship with a child 13 years old or younger, they would be arrested for child molestation and likely additional sex crimes. Anyone under 14 years old cannot give sexual consent under any circumstances in Texas.

FAQs

Q: Can an 18-Year-Old Date a 16-Year-Old in Texas?

A: Yes, an 18-year-old can legally date a 16-year-old in Texas, as they would be protected by the state’s Romeo and Juliet law. The age gap between the two parties must be at least three years for a consensual relationship to be considered legal in Texas, so these two teenagers would qualify. In addition, it is important to note that neither party can be a convicted sex offender in any way for this relationship to be considered legal.

Q: Is the Romeo and Juliet Law in Texas 18 and 16?

A: Not necessarily. The Romeo and Juliet law in Texas does not apply only to relationships with an 18-year-old partner and a 16-year-old partner. It applies to any physical relationship between teenagers where there is at least a three-year gap between the partners’ ages, excluding anyone under 14 because they are considered children. Children are unable to give sexual consent in any way whatsoever.

Q: Can a 19-Year-Old Kiss a 16-Year-Old?

A: Yes, a 19-year-old can kiss a 16-year-old in Texas, as the age difference between these two partners is three years. Texas’s Romeo and Juliet law would apply in this situation, as even though the 16-year-old is considered a minor in Texas, the 19-year-old falls within the designated age group. Generally, if you are questioning the age of consent laws, you may want to consult with a lawyer before pursuing any kind of relationship.

Q: What Are the Limitations of the Romeo and Juliet Law?

A: The biggest limitation of the Romeo and Juliet law in Texas is that it still needs consent to be present in the relationship for the law to be considered applicable. The law does not make the older party immune to additional sexual crimes. If they were found to be in a position of authority over the younger party and forced into a sexual relationship, they could still be arrested for statutory rape.

Consult with a Criminal Defense Attorney Today

Navigating the Romeo and Juliet law in Texas can be nerve-wracking and difficult, especially if you are worried about what crimes you may have already unknowingly committed. If you are concerned about starting a sexual relationship with someone who is technically underage, you may want to bring your concerns to a defense attorney and talk things out, if only to give yourself some peace of mind.

The legal team at Greco Neyland, PC, can help you figure out your next steps in all this while providing you with judgment-free legal assistance throughout. You may be feeling isolated, confused, judged, and seriously concerned about how to proceed in life. We can help you make a decision. Contact us to schedule a consultation with a valued team member today.