Call Now  (713) 227-4444 Email Us Hablamos
Español

Neal Davis Blog

  • About
    • Neal Davis
    • Tyler Brock
    • Andrew Jordan
    • Hiring An Attorney
  • Expertise
    • Criminal Defense
    • Sex Crime Defense
    • Child Pornography
    • Child Solicitation
    • Drug Possession
    • White Collar Crimes
    • Shoplifing/Theft
    • DWI
    • Murder Defense
    • Assault & Family Violence
    • Title IX Defense
  • Results
  • Reviews
  • Press
  • Resources
    • Blog
    • Criminal Defense Guides
    • Scholarships
Home / Sex Crimes / Is Not Knowing a Minor’s Age a Valid Sex Crime Defense in Texas?

Is Not Knowing a Minor’s Age a Valid Sex Crime Defense in Texas?

August 7, 2018

sex crime defense Texas

Do you face a sex crime charge in Texas against a minor? If so, you may wondering if not knowing a person’s age is a valid defense when a sex partner is below the age of consent.

The short answer is no.

Why not?

Continue reading for a more detailed answer.

Texas Sex Assault Laws

Even in a case of consensual or unforced sex, one person’s age can make a world of difference under Texas law, which takes strong measures to protect children.

By Texas law, the legal age of consent is 17, which means a minor who is 16 or younger is not deemed wise enough to make a decision to have sex. So if you have sex with a person under 17—and you aren’t married to them—then you could be charged with sexual assault, which is a second degree felony, even if the sex was mutual.

Penalties for Sexual Assault Against a Minor

So what’s the punishment?

You’re looking at 2-20 years in prison.

One exception is when the older partner is no more than three years older than the partner who’s under 17. In such cases, a Texas law referred to as a “Romeo and Juliet” law often would lead to a charge being dropped—but only if the younger partner is 15 or older.

If the younger partner is age 14 or younger, the older partner could face a charge of aggravated sexual assault. That’s a first degree felony with punishment of 5-99 years in prison, and with parole not possible until at least half the sentence is served.

Lack of Knowledge About a Partner’s Age Isn’t a Viable Defense

But what if you didn’t know the person was under 17?

Tough luck, according to Texas officials.

Since age can be a vital factor in Texas sex crime cases, it’s important to understand that not knowing the age of a sex partner is not considered a valid legal defense against a sex crime charge. Even if a minor lied about their age, an adult could be charged with sexual assault for having sex—even consensual sex—with someone under 17.

Fleming vs. State of Texas

In the recent case of Fleming vs. State of Texas, the Court of Criminal Appeals held that not knowing a sex partner’s age wasn’t a legal defense under Texas law.

According to the court, “strict liability regarding the age of the minor furthers the legitimate government interest in protecting children from sexual abuse by placing the risk of mistake on the adult actor.”

In other words, failure to ensure that a sex partner is at least 17 years old isn’t considered a valid legal defense against a sexual assault charge based on age. The burden of determining a sex partner’s age is placed on the adult, who cannot claim ignorance of the person’s age as a legal defense—even if a minor lied about their age.

Other Defenses Against Sex Assault

Even so, other legal defenses against Texas sex crimes are available, depending on the circumstances of the case. Contact an experienced Houston sex crime defense lawyer at the Neal Davis Law Firm for help with your case in Harris County, Fort Bend County or Montgomery County.

We will quickly provide you with a confidential legal review of your case. Then, you can learn if you have other legal defenses against a sex crime charge. For instance, you may have been falsely accused of having sex with a child.

Contact us today and let us help.

Related Resources

  • Why Is Weinstein Being Tried Again for Sex Crimes?
    Why Is Weinstein Being Tried Again for Sex Crimes?
  • Warren Beatty Faces Claim of Sex Crime 49 Years Ago
    Warren Beatty Faces Claim of Sex Crime 49 Years Ago
  • Teacher Arrests Rise for Inappropriate Contact With Students
    Teacher Arrests Rise for Inappropriate Contact With Students

Learn More About Sex Crime Defense


Overview of Sex Crime Defense
Child Sex Offenses
Child Pornography Possession Defenses
Online Solicitation of a Child
Texas Sex Crime Law
Indecency with a Child by Contact
Indecency with a Child by Exposure
Aggravated Child Sex Abuse
Child Molestation Defense
Continuous Sexual Abuse of a Child
Improper Teacher / Student Relationships
Hiring a Sexual Assault Defense Lawyer
Sexual Assault of a Child (Statutory Rape)
Title IX Defense & Campus Sexual Assault

Categories

  • Child Pornography & Online Solicitation
  • Community
  • Criminal Defense
  • Drug Crimes
  • Federal Crimes
  • Firm News
  • Intoxication Offenses
  • Sex Crimes
  • Violent Crimes
  • White Collar Crime

Search

Child Sex Offenses: Houston Sex Crime Defense

FREE E-BOOK

Learn all about the legal process and your legal rights.

Get Your Free Copy Now

Board Certified, Criminal Law – Texas Board of Legal Specialization (2009-2021), AV Rated by Martindale Hubbell (2015), and listed as a Best Lawyer in America (2015-2022)

Neal quickly won my case!!
P.E.
5-star review image
He doesn't give up, no matter what you're up against
M.F.
5-star review image
They were very responsive and their actions saved me
A.E.
5-star review image

    Contact Our Law Firm




    We respect your privacy. The use of this form does not establish an attorney-client relationship.

    Address
    Neal Davis Law Firm
    The Heights Boulevard Law Building
    1545 Heights Blvd., Suite 700
    Houston, TX 77008

    Map

    Call 24/7
    (713) 227-4444

    Office Hours
    Monday - Saturday
    8:00 AM to 6:00 PM

    Sunday: Closed


    Experienced Criminal Defense Law Firm in Texas

    While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:


    Location

    Harris County:

    Houston, Pasadena, Baytown

    Montgomery County:

    Conroe, The WoodlandsWillis, Pinehurst

    Fort Bend County:

    Sugar Land, Richmond, Needville, Cinco Ranch


    Your Houston Criminal Defense Lawyer: Neal Davis


    A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.


    The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.


    Board Certified, Criminal Law – Texas Board of Legal Specialization. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Enjuris Texas personal injury guide

    © 2023 Neal Davis Law Firm, PLLC. All rights reserved. Law Firm Online Marketing by SEO Advantage, Inc.


    Legal Information

    The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.