| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Whitmire S.B. No. 1721 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to the prosecution of the offense of indecency with a | |
| 7 | 7 | child. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Section 21.11(b), Penal Code, is amended to read | |
| 10 | 10 | as follows: | |
| 11 | 11 | (b) It is an affirmative defense to prosecution under this | |
| 12 | 12 | section that the actor: | |
| 13 | 13 | (1) was not more than three years older than the victim | |
| 14 | 14 | [and of the opposite sex]; | |
| 15 | 15 | (2) did not use duress, force, or a threat against the | |
| 16 | 16 | victim at the time of the offense; and | |
| 17 | 17 | (3) at the time of the offense: | |
| 18 | 18 | (A) was not required under Chapter 62, Code of | |
| 19 | 19 | Criminal Procedure, to register for life as a sex offender; or | |
| 20 | 20 | (B) was not a person who under Chapter 62 had a | |
| 21 | 21 | reportable conviction or adjudication for an offense under this | |
| 22 | 22 | section. | |
| 23 | 23 | SECTION 2. The change in law made by this Act applies to an | |
| 24 | 24 | offense committed on or after the effective date of this Act and to | |
| 25 | 25 | any criminal action pending on the effective date of this Act for an | |
| 26 | 26 | offense committed before that effective date. A final conviction | |
| 27 | 27 | for an offense under Section 21.11, Penal Code, that exists on the | |
| 28 | 28 | effective date of this Act is unaffected by this Act. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2015. |