Texas Senate Bill SB1721

Texas 2017 - 85th Regular

Caption

Relating to the prosecution of the offense of indecency with a child.

Impact

The changes proposed by SB1721 signify a shift in how charges of indecency with a child are approached legally. By allowing certain defenses based on age differences and the absence of threats, the bill could potentially alter the outcomes of many cases being prosecuted under this statute. It is important to note that this change applies to offenses committed on or after its effective date and does not retroactively affect existing convictions. This may lead to leniency in cases that meet the specified defense criteria, thus impacting the legal landscape surrounding child-related offenses.

Summary

SB1721 is a legislative proposal aimed at addressing the prosecution of the offense of indecency with a child in the state of Texas. The bill amends Section 21.11(b) of the Penal Code, introducing specific criteria that constitute an affirmative defense against prosecution for this offense. New provisions include stipulations regarding the age difference between the actor and the victim, requiring the actor to be no more than three years older than the victim and affirming that there was no use of duress or force during the incident. Additionally, it incorporates factors related to the actor's prior criminal history regarding sex offenses.

Contention

The amendments presented in SB1721 could lead to significant debate within the legislative and public spheres. Proponents might argue that these measures are essential for ensuring that minors are not unduly prosecuted for consensual actions, thereby fostering a more equitable legal context. Detractors, however, could raise concerns about the morality and implications of reducing legal consequences for certain behaviors that could be deemed exploitative, potentially undermining the protections afforded to children against sexual predation.

Considerations

As with any legislative changes, SB1721 will likely be scrutinized for its implications on both child protection laws and the rights of the accused. The balance between ensuring justice for victims while also protecting the rights of younger individuals accused of indecency based on the age criteria established by the bill poses a complex legal challenge. Stakeholders from various backgrounds, including law enforcement, child advocacy groups, and legal experts, will be essential in discussing and assessing the potential implications of these amendments.