Texas Senate Bill SB492

Texas 2015 - 84th Regular

Caption

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

Impact

The new provisions established by SB492 are designed to alter the prosecution landscape for indecency with a child offenses in Texas. By introducing specific criteria that can be used as defenses, the bill can potentially reduce the number of convictions in cases that would previously result in automatic penalties without considering nuances like age proximity and the use of force. Moreover, this change in law applies to any relevant offenses committed on or after the effective date, thus influencing both future and current legal proceedings related to such cases.

Summary

Senate Bill 492 aims to amend Section 21.11 of the Texas Penal Code concerning the prosecution of the offense of indecency with a child. The bill introduces an affirmative defense for individuals accused under this section if certain conditions are met. Specifically, it stipulates that a defendant may claim an affirmative defense if they were not more than three years older than the victim, did not use duress or force, and were not required to register as a sex offender under applicable laws at the time of the offense. This modification seeks to clarify the conditions under which a defendant can contest charges of indecency with a minor.

Contention

The introduction of affirmative defenses in SB492 may spark debates among policymakers and advocates for child protection. Proponents of the bill may argue that it formalizes protections for those who may be wrongly accused or who engage in consensual conduct close in age. On the other hand, critics could express concerns that the bill might unintentionally provide loopholes for offenders to escape prosecution, thereby undermining legal protections for children. The bill also stipulates that existing convictions remain unaffected, highlighting a careful approach towards not erasing past judicial determinations.