Legal Question in Criminal Law in Texas

Romeo and Juliet Clause in Texas

My husband is a registered sex offender. He was 16 or 17 when charged and his girlfriend was 14. According to the information I've read it seems he would apply under the Romeo and Juliet Clause. In your opinion would he and how would we go about taking this to court to get it taken off his record?


Asked on 5/25/09, 2:02 am

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: Romeo and Juliet Clause in Texas

Under current law, it is a defense to having sexual relations with a minor under 17 if there is less than a 3 year age difference. When someone is charged with a crime, however, the law at the time of the offense is what governs. I personally do not know if that defense has always been part of the law. I would have to know when the offense occurred and then I could look it up.

As far as getting it off the record, the case itself would have to be challenged in court. A post-conviction writ might be your best bet. You should hire a lawyer for it. Get ready to spend some money though.

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Answered on 5/25/09, 11:37 am


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