The Texas Romeo and Juliet law protects young people from being labeled as sex offenders for engaging in sexual relations with their peers under the age of consent. A record as a sex offender can have life-long repercussions and affect their ability to get a job or go to college.

That’s why the Romeo and Juliet Law is so important to families.

Fast Facts About the Romeo and Juliet Law

The Texas Romeo and Juliet law was enacted in Texas in 2011. According to the law, a person under seventeen years old can’t be prosecuted for statutory rape or aggravated sexual assault if they are accused of having sex with another minor who is not more than three years older than them.

It helps to know what this law does and doesn’t cover in certain situations. Below, we list some examples of sex offenses where the Texas Romeo and Juliet Law doesn’t apply.

According to legal age limits, if the victim was under fourteen years of age at the time of the offense, the law has been broken and the Romeo and Juliet rule doesn’t apply.

This means that if your child was fifteen years old when he had sex with his girlfriend who was thirteen, then he would NOT be protected under this law (even if he had no idea how old she was).

Another exception is if he is more than three years older than his partner, even if both of them are under seventeen years old.

Within the family unit, if the people involved were related as second cousins or closer, then the law doesn’t apply to them.

Coercion also comes into play. If it’s found that one of the people involved was forced, threatened, or coerced into having sex by another person, then there is no exemption for the accused person regardless of age, and they can be prosecuted to the full extent of the law.

The Romeo and Juliet Law also does not apply when someone is accused of having sex with someone who is intoxicated or unconscious.

Romeo and Juliet Law Current Status and Your Legal Standing

There have been some attempts at amending the Texas Romeo and Juliet Law. Democratic Rep. Mary Gonzalez has introduced legislation to try to expand the law to LGBTQ youth. For now, only heterosexual couples are exempt from prosecution.

Those who violate the Romeo and Juliet Law can face serious consequences including jail time, fines and registration as a sex offender on the national registry for life.

Call Hoeller McLaughlin PLLC at 817-334-7900 or reach out to us online if your child is accused of a sex crime. Our team of defense attorneys will work tirelessly to protect his or her future and provide damage control before things get out of hand.