{"id":376659,"date":"2016-03-31T21:36:55","date_gmt":"2016-04-01T02:36:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-prohibited-consensual-sexual-activity-laws.html"},"modified":"2023-01-24T14:01:47","modified_gmt":"2023-01-24T19:01:47","slug":"texas-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Texas Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Texas Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

For the most part, consensual sexual activity is none of the government’s business. Sexual assault, rape, and other such sex crimes<\/a> all involve non-consensual sex and are thus considered serious violations. However, there are some situations when consensual sex crosses the line and either endangers another’s well-being or disrupts the public.<\/p>\r\n

This article provides a brief overview of Texas laws prohibiting certain consensual and non-consensual sexual acts. Keep in mind that "consent" is a legal term defined by state criminal law. For example, it is impossible for anyone under the age of 17 to consent to sexual activity in Texas.<\/p>\r\n

History of Prohibited Consensual Sexual Activity<\/h2>\r\n

One of the most famous cases to come out of Texas is Lawrence v. Texas<\/a> <\/i>(2003). In that case, two men were convicted for having sex<\/a> in a private home, under the Texas anti-sodomy law. The case went to the Supreme Court of the United States, where it was struck down. As a result, all anti-sodomy laws in the United States are considered unconstitutional and unenforceable. However, a decade before, in the case City of Dallas v. England <\/i>(1993), the sodomy statute was held unconstitutional in the state of Texas. Regardless, any sodomy laws in Texas today are unconstitutional and therefore unenforceable.<\/p>\r\n

Texas Laws Prohibiting Certain Consensual Sexual Acts: At a Glance<\/h2>\r\n

The following table lists the main provisions of Texas prohibited consensual sexual activity laws, while additional background information follows. See FindLaw’s Sex Crimes<\/a> section for more information.<\/p>\r\n\r\n

Sodomy Laws Applicable to<\/p>\r\n<\/th>\r\n

The sodomy statute in Texas was held unconstitutional in City of Dallas v. England <\/i>(1993) and Lawrence v. Texas<\/a><\/i>(2003).<\/td>\r\n<\/tr>

Penalty for Sodomy<\/p>\r\n<\/th>\r\n

There is no such statute in Texas.<\/td>\r\n<\/tr>

HIV Exposure and Compelled Testing for Offenders<\/p>\r\n<\/th>\r\n

Under Tex. Pen. Code \u00a7 21.31<\/a>, upon the indictment for a felony sex offense or upon request of a victim of an alleged sex offense, the court may order HIV or other STI testing of the offender.<\/td>\r\n<\/tr>

Other Crimes Relating to Consensual Sex Acts<\/p>\r\n<\/th>\r\n

Other Crimes Relating to Non-consensual Sex Acts<\/p>\r\n<\/th>\r\n