Texas House Bill HB3564

Texas 2009 - 81st Regular

Caption

Relating to the prosecution of certain conduct constituting the offense of indecency with a child.

Impact

The new provisions in HB 3564 affect how cases of indecency with a child are prosecuted in Texas. By refining the parameters for the affirmative defense, the bill seeks to ensure that only those who meet specific criteria can present these defenses in court. This has implications for both prosecution and defense strategies, potentially leading to changes in case outcomes. Furthermore, it would ensure that younger individuals who might engage in consensual conduct are not automatically subjected to severe penalties associated with more serious offenses, thus allowing for more nuanced legal interpretations of such cases.

Summary

House Bill 3564 focuses on amending the penalties and defenses related to the offense of indecency with a child. The proposed changes introduce a more detailed framework for what constitutes an affirmative defense for individuals who might be charged under this statute. Specifically, the bill states that the accused must not be more than three years older than the victim and must not have used force or threats during the offense. Additionally, it addresses the criminal history of the accused, stipulating that individuals with a relevant sex offense record would be ineligible for this defense.

Contention

Notable points of contention surrounding HB 3564 include concerns from child advocacy groups who believe that even the possibility of an affirmative defense in cases involving young offenders could undermine the severity of sexual offenses against children. Opponents argue that the bill could create loopholes that allow offenders to escape accountability. Proponents, however, contend that the measure is necessary to protect young individuals who may otherwise face life-altering legal consequences for actions that occurred in a consensual, albeit illegal, context. The ongoing debate highlights the balance between protecting children and ensuring fair treatment of individuals accused of offenses involving minors.