Home > Research Legal Advice > Criminal Defense > What is the Romeo and Juliet law in the state of Texas?
Asked almost 2 years ago - Denton, TX
FlagMy fiance is a sex offender and he was 20 at the time and she was15 fixing to be 16. Does this law apply to him and if so what is the steps we need to take to get it taken care of?
Not sure exactly what you are talking about but there are two issues - one is a defense which is if the people are within 3 years of age of each other, then it is a defense to the prosecution. That does not apply.
The second is regarding sex offender registration. I believe, without doing research, that the two must be within 4 years of each other's age and I think that the offender cannot be older than 19.
Neither of these laws apply to your fiance's situation.
I agree with the attorneys. Ms. Henley's research is correct. SB 198 - 2011 amends Article 42.017 to require the judge to make an affirmative finding in the trial of indecency with a child or sexual assault, that at the time of the offense the defendant was not more than four years older than the victim and the victim was at least 15 years of age. If this were the case, then he could seek a hearing on an exemption from registration under Article 62.301 which was also amended. But, the Romeo and Juliet laws regarding de-registration apply to young adult sex offenders, ages 15 to 19.
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