Texas Age of Consent Laws: Statutes, Penalties and Reporting

Texas defines a child as a person younger than 17 for its sexual assault and indecency offenses (Tex. Penal Code 22.011(c)(1), 21.11(a)), and aggravated sexual assault applies where the victim is younger than 14 (22.021(a)(2)(B)); school employees are covered for any enrolled student regardless of age (21.12), and most of the structure is tiered.

To report a concern: if a child is in immediate danger, call 911. The Texas Department of Family and Protective Services states on its official page: "Report Abuse to DFPS By phone: 1-800-252-5400". The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Texas's criminal statutes on sexual offenses involving minors, mainly the Texas Penal Code (chapter 15 preparatory offenses, chapter 20A trafficking, chapter 21 sexual offenses, chapter 22 assaultive offenses, chapter 25 offenses against the family, chapter 33 computer crimes and chapter 43 public indecency) and Code of Criminal Procedure chapters 42 and 62. Federal law is summarized on the age of consent laws by state hub. The text was read from the official Texas Legislature statutes site (statutes.capitol.texas.gov). The amendment histories of the sections cited run through the 89th Legislature's 2025 regular session.

This page describes the main age-based sexual offense statutes. Other Texas statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Texas law protects minors by age

Texas uses a single protected age for its main child offenses, younger than 17, with a higher tier for victims younger than 14. The table summarizes the main provisions.

Younger than 14: aggravated sexual assault

Section 22.021 provides that a person commits aggravated sexual assault if the person intentionally or knowingly, among the acts listed, "causes the penetration of the anus or sexual organ of a child by any means," and "the victim is younger than 14 years of age" (subsection (a)(2)(B)). The offense is "a felony of the first degree" (subsection (e)). Under subsection (f), the minimum term of imprisonment is increased to 25 years if the victim is younger than 10 at the time of the offense, or if the victim is younger than 14 and the actor commits the offense in a manner described by subsection (a)(2)(A).

Younger than 17: sexual assault

Section 22.011 provides in subsection (a)(2) that a person commits sexual assault if the person intentionally or knowingly commits an act the subsection lists with a child, including "causes the penetration of the anus or sexual organ of a child by any means." Subsection (c)(1) states: "'Child' means a person younger than 17 years of age." The offense is a felony of the second degree, except that it is a felony of the first degree if the victim was a person covered by the relationship-based provisions of Penal Code 25.01 or 25.02 (subsection (f)).

Indecency with a child

Section 21.11 provides that a person commits an offense "if, with a child younger than 17 years of age, whether the child is of the same or opposite sex," the person "engages in sexual contact with the child or causes the child to engage in sexual contact" (subsection (a)(1)), or, with intent to arouse or gratify the sexual desire of any person, exposes the person's anus or any part of the person's genitals, knowing the child is present, or causes the child to expose the child's anus or any part of the child's genitals (subsection (a)(2)). "An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree" (subsection (d)).

Employees of schools

Section 21.12 provides: "An employee of a public or private primary or secondary school commits an offense if the employee: (1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works." The section also reaches a person holding a position described by Education Code 21.003(a) or (b) with respect to students of other schools or school-sponsored activities, and subdivision (a)(3) applies regardless of the age of that person. An offense under the section is a felony of the second degree.

How the close-in-age provisions work

Texas states its close-in-age provisions as defenses to prosecution, most of them affirmative defenses, written into the section that creates each offense.

Section 22.011(e) provides an affirmative defense to a prosecution under subsection (a)(2) that "the actor was not more than three years older than the victim" and, at the time of the offense, either was not required under Chapter 62 of the Code of Criminal Procedure to register for life as a sex offender or was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under that section; and that the victim "was a child of 14 years of age or older" and was not a person covered by Penal Code 25.01 or 25.02.

Section 21.11(b) provides an affirmative defense to a prosecution under that section that the actor "was not more than three years older than the victim and of the opposite sex," "did not use duress, force, or a threat against the victim at the time of the offense," and, at the time of the offense, either was not required to register for life or was not a person with a reportable conviction or adjudication for an offense under that section.

Section 21.12(b-1) provides an affirmative defense to a prosecution under that section that the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.

Other sections carry their own age-gap defenses. Sections 21.02(g) and 21.03(f) provide an affirmative defense in a prosecution involving only child victims (younger than 14 for 21.02, younger than 17 for 21.03) where the actor was not more than five years older than the victim or, if there was more than one victim, than each of them, used no duress, force or threat, and met a registration condition. Section 15.032(c) provides an affirmative defense where the actor is under 18 and the conduct was only with another child under 18 who was not more than three years older or younger and with whom the actor had a dating relationship. Section 43.25(f)(3) provides an affirmative defense where the defendant is not more than two years older than the child. Section 33.021(e) provides a defense (not an affirmative defense) to conduct under 33.021(c) where the actor was not more than three years older than the minor and the minor consented to the conduct.

These are defenses raised in a prosecution. They are not written as elements, and none appears in 22.021.

Child grooming and solicitation

Section 15.032 (child grooming), in force since September 1, 2023, provides that a person commits an offense "if, with the intent that an offense under Chapter 43 or an offense involving sexual activity ... be committed, the person knowingly persuades, induces, entices, or coerces, or attempts to persuade, induce, entice, or coerce, a child younger than 18 years of age" to engage in specific conduct that, under the circumstances as the actor believes them to be, would constitute such an offense. An offense under the section is a felony of the third degree, except that it is a felony of the second degree if the actor has previously been convicted of an offense listed in subsection (b).

Section 15.031(b) (criminal solicitation of a minor) uses a definition of "minor" of an individual younger than 17, and an offense under the section is one category lower than the solicited offense. Section 33.021 (online solicitation of a minor) defines a minor as an individual younger than 17, or one the actor believes to be younger than 17. An offense under subsection (b) is a felony of the third degree, and of the second degree if the minor is younger than 14; an offense under subsection (c) is a felony of the second degree.

Other Texas statutes that protect minors

The following additional statutes apply to minors and can apply even where none of the offenses above does.

• Continuous sexual abuse of a young child or disabled individual. Section 21.02 covers repeated acts of sexual abuse against a child younger than 14, or a disabled individual, and is a felony of the first degree punishable by life or a term of not more than 99 years or less than 25 years.
• Continuous sexual abuse. Section 21.03, effective September 1, 2025, covers two or more acts of sexual abuse against two or more victims during a period of 30 or more days by an actor 17 or older. It is a felony of the first degree, punishable by life or 5 to 99 years.
• Prohibited sexual conduct (incest). Section 25.02 applies to sexual intercourse or deviate sexual intercourse with a person the actor knows to be the actor's ancestor or descendant by blood or adoption, current or former stepchild or stepparent, and other listed relatives. It has no age element. It is a felony of the third degree, or of the second degree under subsection (a)(1).
• Compelling prostitution. Section 43.05(a)(2) covers causing by any means a child younger than 18 to commit prostitution. It is a felony of the first degree.
• Solicitation of prostitution. Section 43.021(b)(2) makes the offense a felony of the second degree where the person with respect to whom the actor offers or agrees to engage in sexual conduct is younger than 18, is represented to the actor as younger than 18, or is believed by the actor to be younger than 18.
• Sexual performance by a child. Section 43.25 applies to a person who, knowing the character and content, employs, authorizes or induces a child younger than 18 to engage in sexual conduct or a sexual performance. It is a felony of the second degree, and of the first degree if the victim is younger than 14.
• Trafficking of persons. Section 20A.02 covers trafficking a child and causing the child to engage in conduct prohibited by the listed sexual offenses. It is a felony of the first degree where the conduct constitutes an offense under subsection (a)(5), (6), (7) or (8).
• Possession or promotion of child pornography. Section 43.26 covers a depiction of a child younger than 18. The statute sets the grade by subsection.
• Voyeurism. Section 21.17 is a state jail felony where the victim was a child younger than 18 at the time of the offense.
• Indecent exposure. Section 21.08 applies where a person exposes the anus or any part of the genitals with intent to arouse or gratify the sexual desire of any person and is reckless about whether another is present who will be offended or alarmed. It has no minor-age element and is a Class B misdemeanor, with higher grades for repeat conduct.
• Persons in certain roles. Section 22.011(b) lists circumstances in which a sexual assault of a person is without that person's consent, and it includes actors who are mental health services providers, health care services providers, clergy, coaches or tutors in the roles the subdivisions describe.

Penalties

Grades are set in the offense sections. The ranges come from Penal Code chapter 12: a felony of the first degree is punished by imprisonment for life or a term of not more than 99 years or less than 5 years; the second degree by not more than 20 years or less than 2 years; and the third degree by not more than 10 years or less than 2 years. Each may also carry a fine of up to $10,000, and section 12.42 sets higher punishments for certain repeat offenders.

Sex offender registration

Registration is governed by Code of Criminal Procedure chapter 62. Article 62.001(5)(A) lists as reportable "a violation of Section 21.02 (Continuous sexual abuse of young child or disabled individual), 21.03 (Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive visual recording), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code." The list also includes compelling prostitution (43.05), sexual performance by a child (43.25), child pornography (43.26), online solicitation of a minor (33.021), trafficking, and, since H.B. 2000 (2025, effective September 1, 2025), child grooming under 15.032 (article 62.001(5)(M)). A second violation of indecent exposure is reportable. Section 21.12 is not on the list in article 62.001(5)(A).

Article 62.001(6) defines "sexually violent offense" as offenses "committed by a person 17 years of age or older" including 21.02, 21.03, 21.11(a)(1), 22.011 and 22.021. Under article 62.101(a), the duty to register ends when the person dies if the person has a reportable conviction or adjudication, other than an adjudication of delinquent conduct, for a sexually violent offense or for an offense under 20A.02(a)(3), (4), (7) or (8), 25.02, 43.05(a)(2) or (3) or 43.26, and for 21.11(a)(2) where the person has another reportable conviction or adjudication. For an adjudication of delinquent conduct the duty ends on the 10th anniversary of the disposition or of completing its terms, whichever is later (article 62.101(c)(1)). For other reportable convictions the duty ends on the 10th anniversary of the date on which the court dismisses the proceedings and discharges the person, the person is released from a penal institution, or the person discharges community supervision, whichever is later.

Article 62.301 allows a court, after a hearing, to exempt a person from registration if it appears by a preponderance of the evidence that the exemption does not threaten public safety, that the person's conduct did not occur without the consent of the victim as described by 22.011(b), and that the exemption is in the best interest of the victim and of justice. Eligibility requires that the person be required to register only because of a single reportable conviction or adjudication, other than an adjudication of delinquent conduct, and an affirmative finding under article 42.017 or 42A.105(c). Article 42.017 applies in the trial of an offense under 21.11 or 22.011 and directs the judge to enter the finding when the judge determines that, at the time of the offense, "the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age" and that "the conviction is based solely on the ages of the defendant and the victim or intended victim at the time of the offense." This is a registration provision and does not change whether the underlying conduct is an offense.

Recent changes

• H.B. 1422 (2025, Acts 2025, ch. 557), effective September 1, 2025, for offenses committed on or after that date: added Penal Code 21.03 (continuous sexual abuse), amended 22.021(f) so that the 25-year minimum term applies where the victim is younger than 10 (previously younger than six), and amended 15.031(b), 15.032(b) and article 62.001(5) and (6).
• H.B. 2000 (2025, ch. 123), effective September 1, 2025: added a violation of 15.032 (child grooming) to the reportable offenses in article 62.001(5).
• H.B. 3073 (2025, ch. 747), with S.B. 703 and S.B. 761, effective September 1, 2025: amended the circumstances in 22.011(b) in which a sexual assault under 22.011(a)(1) is without consent and added the definition of "consent" in 22.011(c)(1-a). The child provisions in 22.011(a)(2), (c)(1) and (e) read as quoted above.
• Child grooming (15.032): in force since September 1, 2023.
• The last amendments to 21.11 were in 2017 (H.B. 1808) and to 21.12 in 2021 (H.B. 246).

How to report

If a child is in immediate danger, call 911. The Texas Department of Family and Protective Services report abuse page states: "Report Abuse to DFPS By phone: 1-800-252-5400". The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Texas criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Texas.

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Frequently Asked Questions

How does Texas define a child for sexual assault?

Section 22.011(c)(1) states that child means a person younger than 17 years of age. Aggravated sexual assault under 22.021 applies separately where the victim is younger than 14.

Is a school employee covered for students who are 17 or older?

Section 21.12 turns on the person being enrolled in a public or private primary or secondary school at which the employee works, and subdivision (a)(3) applies regardless of the age of that person. It is a felony of the second degree.

Where can the statute text be found?

The Texas Statutes are published by the Texas Legislature at statutes.capitol.texas.gov. Penal Code chapters 21 and 22 contain the main offenses discussed here, and Code of Criminal Procedure chapter 62 contains the registration provisions.