| 1 | 1 | | By: Gallego H.B. No. 3473 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a defense to prosecution for a child younger than 14 |
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| 7 | 7 | | years old for the offense of prostitution. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 43.02, Penal Code, is amended by |
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| 10 | 10 | | amending Subsection (d) and adding Subsection (e) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (d) It is a defense to prosecution under this section that |
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| 13 | 13 | | the actor engaged in the conduct that constitutes the offense: |
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| 14 | 14 | | (1) because the actor was the victim of conduct that |
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| 15 | 15 | | constitutes an offense under Section 20A.02; or |
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| 16 | 16 | | (2) was a child younger than 14 years old and was |
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| 17 | 17 | | forced to commit the conduct by a person who is 18 years of age or |
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| 18 | 18 | | older. |
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| 19 | 19 | | (e) The exception provided by Subsection (d)(2) applies to |
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| 20 | 20 | | any other proceeding under state law. |
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| 21 | 21 | | SECTION 2. (a) The change in law made by this Act in |
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| 22 | 22 | | amending Section 43.02, Penal Code, applies only to an offense |
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| 23 | 23 | | committed on or after the effective date of this Act. |
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| 24 | 24 | | (b) An offense committed before the effective date of this |
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| 25 | 25 | | Act is governed by the law in effect on the date the offense was |
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| 26 | 26 | | committed, and the former law is continued in effect for that |
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| 27 | 27 | | purpose. For purposes of this section, an offense was committed |
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| 28 | 28 | | before the effective date of this Act if any element of the offense |
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| 29 | 29 | | occurred before that date. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2011. |
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