Texas Senate Bill SB1709

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/7/09

Caption

Relating to the prosecution and punishment of certain sexual offenses and to exempting certain persons from the duty to register as a sex offender in this state.

Impact

The changes enacted by SB1709 could alter how sexual offenses are prosecuted within the state, particularly regarding convictions based solely on the ages of the defendant and the victim. By allowing specific affirmative defenses, the bill aims to provide clarity in situations where misunderstandings regarding age may occur. This potentially reduces the instances where individuals are prosecuted when they genuinely misjudged the ages of their victims based on credible indicators, which could lead to fewer convictions in appropriate cases.

Summary

SB1709 addresses the prosecution and punishment of certain sexual offenses in Texas. The bill introduces amendments to existing laws under the Texas Penal Code, specifically modifying sections related to the prosecution of offenses involving individuals who are at least 13 years of age. A notable feature of the bill is the introduction of an affirmative defense for defendants who reasonably believed that the victim was 17 years of age or older, provided certain conditions are met. This could have implications for cases where there is ambiguity regarding the victim's age and the defendant's belief about it.

Contention

Despite the intent to introduce affirmative defenses, the bill has generated discussions about its possible repercussions. Critics may argue that such defenses could undermine the seriousness of sexual offenses, creating loopholes that could be exploited. Concerns related to public safety may arise, particularly among advocates who believe that such provisions may lead to decreased accountability for offenders. Balancing the rights of defendants with the need to protect potential victims remains a critical point of discussion surrounding SB1709.