If you choose to be sexually active, you should be aware of the laws that govern sexual activity within your state. This is especially true if you are under the age of 18.
Texas has its own unique statutes about sex between minors. The age for consent for sexual encounters is 17, which means it’s illegal for anyone under the age of 17 to engage in any sexual encounter with another person, even if your partner is also under 17.
This applies to both consensual and non-consensual sex. It’s important to understand that even a consensual encounter can lead to an arrest and conviction for a sex crime, for both of you.
Being Tried as a Juvenile vs. as an Adult
Take this example:
If you are both 16 years old, sex between you and a partner can result in a charge for indecency with a child. If you are 17, even though you would be considered a minor in every other way, you are considered an adult and it’s illegal to engage in sexual activity with someone under 17. If there isn’t much of an age difference between you and your partner, it may be possible for some charges to be dropped or reduced, but there can be weighty consequences nonetheless.
If you are over the age of 14 and are accused of a serious crime, you can be tried as an adult. There is no guarantee that an offense will be remanded to the adult courts; however, the more serious the offense is, the more likely that you will be tried on adult charges. A sexual encounter that involves any kind of force or threat is considered more heinous and is more likely to result in being tried as an adult.
Even if you are technically a juvenile, once charged as an adult, you will be held in an adult prison while awaiting trial. Any felony crimes committed after that determination will automatically be tried in the adult courts.
Publix Sex Offender Registry
One substantial difference between being charged as an adult versus as a juvenile is the regulations that determine whether you will be placed on the public sex offender registry. If you are charged and convicted of a sexual offense as an adult, registration is mandatory. But there is more leeway for juvenile convictions.
According to the Code of Criminal Procedure for Sexual Registration, the juvenile court judge has three options for placing you on the public registry.
- The first is to place you on the registry at your sentencing hearing.
- The second is to place you on a registry “restricted to use by law enforcement and criminal justice agencies, the Council on Sex Offender Treatment, and public or private institutions of higher education,” meaning that your registration status would not be accessible by the general public.
- The third option is, if the judge thinks that the risk to public safety is “outweighed by the anticipated substantial harm” to you or your family, the requirement for registration can be waived.
The courts can defer registration while the you undergo treatment as a part of your probation or while you are incarcerated in juvenile detention. However, even if registration is waived, the criminal convictions aren’t necessarily expunged. Since there is no jury for juvenile trials, it’s up to you to convince the judge to waive public registration.
If you’re convicted of a sex crime in juvenile courts, the time limit for registration is limited to 10 years after your release, but the implications of being tried as an adult are much more severe. If you’re convicted as an adult and required to register, the state of Texas uses the US Department of Justice’s regulations for how long you must remain on the registry.
A panel will review your case and put you in one of three categories based on your likelihood to offend again. If you are Level One, you are considered minimal risk and will be registered for 15 years after your release. If you are deemed a Level Two, you will be required to register for 25 years. If you are considered a Level Three, a high-risk offender, you will be registered for the rest of your life.
