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Texas Sexual Assault: The Close-in-Age Defense
Understand the limited close-in-age affirmative defense in Texas Penal Code 22.011 and why it is not a blanket exception for teenage relationships.
In short: Section 22.011(e)(2) provides a limited affirmative defense for certain child-sexual-assault allegations. It includes a victim at least 14 and an accused no more than three years older, plus additional statutory conditions. Meeting an age gap alone does not establish the entire defense.
Explore this page 9 sections
Does “Romeo and Juliet law” describe one universal rule?
No. Different Texas offenses have different provisions. A rule under section 22.011 cannot automatically be transferred to indecency, aggravated sexual assault or another allegation.
Which facts need precise verification?
Verify both birth dates and the alleged offense dates. Counsel must also review the provision’s registration-history conditions and prohibited-relationship restrictions. Approximate school grades or a description of the couple as teenagers are not substitutes.
Does this defense resolve an adult nonconsent allegation?
No. This provision addresses prosecution under the specified child-conduct subsection. Allegations of force, incapacity or other nonconsent require their own analysis. Preserve accurate information without encouraging either person to alter the account to fit a defense.
A practical example and questions for counsel
Hypothetical example: Suppose both people describe themselves as being three years apart. Exact birth dates may show whether the statutory limit is satisfied on the alleged offense date; school year or rounded age is not enough. Even a qualifying age difference leaves the other conditions to examine. Counsel should also confirm that the charge is the subsection to which this defense applies. A careful eligibility worksheet is more reliable than a general assurance that a relationship between teenagers is automatically exempt from Texas criminal law.
How this fits Texas law
Section 22.011 distinguishes specified conduct without consent from specified conduct involving a child younger than 17. It lists circumstances of nonconsent and contains narrowly defined defenses and exceptions. Most offenses under this section are second degree, but subsection (f) contains exceptions. The charged subsection must guide the defense analysis.
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Last updated October 2026
Common questions
Does “Romeo and Juliet law” describe one universal rule?
No.
Which facts need precise verification?
Verify both birth dates and the alleged offense dates.
Does this defense resolve an adult nonconsent allegation?
No.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.