Texas Senate Bill SB1699

Texas 2019 - 86th Regular

Caption

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

Impact

The implications of this bill on state laws are significant, particularly concerning how indecency with a child is prosecuted in Texas. By establishing specific defenses, SB1699 potentially influences the outcomes of cases arising from such offenses. It emphasizes a more nuanced approach in which the age difference between the perpetrator and the victim is a key factor, thus shifting the balance towards a more context-sensitive prosecution process.

Summary

SB1699 amends Section 21.11 of the Penal Code in Texas, specifically addressing the prosecution of the offense of indecency with a child. The bill introduces an affirmative defense for individuals charged with this offense if certain conditions are met. These conditions include the actor being no more than three years older than the victim, not using duress or force, and not being required to register as a sex offender under Chapter 62 of the Code of Criminal Procedure.

Contention

There may be points of contention surrounding the bill, particularly regarding its potential to minimize the seriousness of the offense. Critics may argue that allowing an affirmative defense based solely on age could lead to situations where the gravity of indecency offenses is downplayed. Concerns may also arise about the possible implications for child safety and the effectiveness of existing protections against predatory behavior.

Additional_notes

The law as amended takes effect from September 1, 2019, applying to both new offenses and any pending criminal actions at the date of enactment. However, any final convictions that existed prior to the effective date remain unaffected.