86R3277 MEW-D
By: Flynn H.B. No. 707
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for the offense of
sexual assault; enhancing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.011(e) and (f), Penal Code, are
amended to read as follows:
(e) It is an affirmative defense to prosecution under
Subsection (a)(2):
(1) that the actor was the spouse of the child at the
time of the offense; or
(2) that:
(A) the actor was not more than three years older
than the victim and at the time of the offense:
(i) was not required under Chapter 62, Code
of Criminal Procedure, to register for life as a sex offender; or
(ii) 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
(B) the victim:
(i) was a child of 14 years of age or older;
and
(ii) was not:
(a) 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; or
(b) a person with whom the actor was
prohibited from engaging in sexual intercourse or deviate sexual
intercourse under Section 25.02.
(f) An offense under this section is a felony of the second
degree, except that an offense under this section is a felony of the
first degree if the victim was:
(1) 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; or
(2) a person with whom the actor was prohibited from
engaging in sexual intercourse or deviate sexual intercourse under
Section 25.02.
SECTION 2. The changes in law made by this Act apply 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 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, 2019.