What is the Romeo and Juliet law in the state of Texas?

Asked almost 3 years ago - Denton, TX

My 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?

Attorney answers (4)

  1. M. Irene Wilson

    Pro

    Contributor Level 13

    Answered . 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.

    My answer is for informational purposes.
  2. M Elizabeth Foley

    Contributor Level 18

    Answered . Sorry, no, that isn't going to apply here. There has to be no more than a 3 year age difference, so if he was any older than 18, that wouldn't work.

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . 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.

  4. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . No, I believe the rule you're talking about wouldn't apply because there were more than 3 years of difference in their age group.

    Sorry.

    Although my intent in answering this question is to aid you in the legal process, my answer does not establish an... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,864 answers this week

2,915 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,864 answers this week

2,915 attorneys answering