81R749 UM-D
By: Dutton H.B. No. 908
A BILL TO BE ENTITLED
AN ACT
relating to an affirmative defense available to certain students
who engage in sexual contact with another student at least 13 years
of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.11(b), Penal Code, is amended to read
as follows:
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was [not more than three years older than the
victim and] of the opposite sex and not more than three years older
than the victim, or not more than five years older if both the actor
and victim were enrolled in public or private school grade level
nine or above at the time of the offense;
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section.
SECTION 2. Section 22.011(e), Penal Code, is amended to
read as follows:
(e) It is an affirmative defense to prosecution under
Subsection (a)(2) that:
(1) the actor was not more than three years older than
the victim, or not more than five years older if both the actor and
victim were enrolled in public or private school grade level nine or
above at the time of the offense, and at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62, Code of
Criminal Procedure, had a reportable conviction or adjudication for
an offense under this section; and
(2) the victim:
(A) was a child of 14 years of age or older; and
(B) was not a person whom the actor was
prohibited from marrying or purporting to marry or with whom the
actor was prohibited from living under the appearance of being
married under Section 25.01.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time of the offense, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 4. This Act takes effect September 1, 2009.