Texas House Bill HB85

Texas 2019 - 86th Regular

Caption

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

Impact

The implications of HB85 extend to the prosecution and legal processes surrounding sexual offenses, particularly those involving minors. By narrowing the age differential for affirmative defenses, the bill serves to potentially lessen the number of cases that may be prosecuted as offenses of indecency. It enables individuals within a close age range to seek defenses that might have been more ambiguous under prior law, which is intended to focus on the nature of the actions rather than purely on the age difference.

Summary

House Bill 85 addresses the prosecution of the offense of indecency with a child by modifying existing legal definitions and defenses. The bill amends Section 21.11 of the Penal Code, specifically altering the conditions under which an actor may claim an affirmative defense against prosecution. The amendments focus on the age differential between the accused and the victim, specifying that the actor must not be more than three years older than the victim to qualify for this defense. This adjustment aims to clarify the legal responsibilities and potential defenses available to those accused under this statute.

Contention

However, the bill's passage is likely to provoke notable debate among lawmakers and advocacy groups. Opponents might argue that reducing the age differential for affirmative defense could lead to diminished accountability for individuals who engage in inappropriate conduct with minors, thus undermining the seriousness of such offenses. Supporters, on the other hand, may contend that the changes are necessary to prevent unfair legal consequences for young individuals who may engage in consensual relationships within their age group. This contention reflects broader societal debates about permissible boundaries in the context of young individuals' relationships and how the legal system should respond to them.