Lying About Your Age Is Not a Defense to Sex Crimes in TX

Lying about your age is not a defense to sex crimes in Texas. State law does not allow someone to claim they believed a minor was an adult in cases involving sexual conduct with a person under the age of consent. This article explains how strict liability works in Texas sex crime cases, why this defense is not available, and what options may exist if you are facing these serious charges.

Lying About Age Creates a False Sense of Legal Protection

Relying on what someone says about their age, what they post online, or the ID they show can lead to serious legal consequences. Even if you are told that the person is old enough to consent, you are still responsible for knowing the truth. In Texas, mistakes about age do not protect you from criminal charges. Scenarios that often lead to misunderstanding include:

 

• Meeting someone through a dating app with a false age.
• Relying on a driver’s license that turns out to be fake.
• Hearing a verbal confirmation that the person is 18.
• Seeing “18+” in a social media profile bio.
• Attending the same college or school event.
• Receiving sexually explicit messages initiated by the minor.
• Being introduced through adult friends or acquaintances.
• Assuming the person is an adult because they look older.

 

These situations may feel misleading, but they do not excuse criminal conduct. Even if you had no reason to believe the person was underage, the law still applies. Under Texas Penal Code § 21.11(b), indecency with a child is a strict liability offense. This means the prosecution does not have to prove intent or knowledge about the person’s true age.

The State Does Not Excuse Mistaken Beliefs About a Minor’s Age

Many people believe they are protected from charges if a minor lies about their age. Unfortunately, Texas law does not recognize this as a valid defense in most sex crime cases. When the statute includes strict liability language, the court does not consider what the defendant believed at the time.

What “Strict Liability” Means in Sex Crime Cases

Strict liability means that the state does not need to prove you knew the other person was underage. In statutory sex crime cases, it does not matter whether the minor used a fake ID, lied during a conversation, or misled someone in any other way. The legal focus stays on the age of the person involved, not on the adult’s intent or awareness.

 

Under Texas Penal Code § 22.011(c), it is not a defense that the accused did not know the age of the child. This makes it much harder to fight the charge on the basis of misunderstanding or deception. Anyone facing allegations like these should speak with an experienced defense attorney as soon as possible.

Which Charges Apply When Age Is a Factor

Texas law includes several sex crime charges that are based entirely on the age of the alleged victim. These include statutory rape, indecency with a child, and online solicitation of a minor. In many of these cases, the age of consent is not the only number that matters. 

 

For example, sexual contact with a person under 17 may lead to charges even if the person appears older. If you are building a rape defense in Texas, you must understand how strict age-based rules affect your options.

You Can Still Build a Defense Even if Age Is Not a Defense

Being misled about someone’s age does not prevent the state from filing charges, but that does not mean you have no defense. Other legal strategies may still apply, depending on the details of your case. If you are facing charges that could lead to sex offender registration, you need a defense that addresses the facts, challenges the evidence, and protects your rights.