By: Gallego H.B. No. 3473
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for a child younger than 14
years old for the offense of prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.02, Penal Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) It is a defense to prosecution under this section that
the actor engaged in the conduct that constitutes the offense:
(1) because the actor was the victim of conduct that
constitutes an offense under Section 20A.02; or
(2) was a child younger than 14 years old and was
forced to commit the conduct by a person who is 18 years of age or
older.
(e) The exception provided by Subsection (d)(2) applies to
any other proceeding under state law.
SECTION 2. (a) The change in law made by this Act in
amending Section 43.02, Penal Code, applies only to an offense
committed on or after the effective date of this Act.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, 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
occurred before that date.
SECTION 3. This Act takes effect September 1, 2011.