87R118 JSC-D
By: Dominguez H.B. No. 1107
A BILL TO BE ENTITLED
AN ACT
relating to an affirmative defense to certain prohibited sexual
conduct occurring as part of a dating relationship that began in
primary or secondary school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.11(b) and (c), Penal Code, are
amended to read as follows:
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was at the time of the offense:
(A) not more than three years older than the
victim; or
(B) in a dating relationship with the victim that
began while both the actor and the victim were enrolled in the same
primary or secondary school, if the school provided instruction to
not more than four consecutive grade levels at that time [not more
than three years older than the victim and of the opposite sex];
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section.
(c) In this section:
(1) "Dating relationship" has the meaning assigned by
Section 71.0021, Family Code.
(2) "Sexual [, "sexual] contact" means the following
acts, if committed with the intent to arouse or gratify the sexual
desire of any person:
(A) [(1)] any touching by a person, including
touching through clothing, of the anus, breast, or any part of the
genitals of a child; or
(B) [(2)] any touching of any part of the body of
a child, including touching through clothing, with the anus,
breast, or any part of the genitals of a person.
SECTION 2. Section 22.011(c), Penal Code, is amended by
adding Subdivision (8) to read as follows:
(8) "Dating relationship" has the meaning assigned by
Section 71.0021, Family Code.
SECTION 3. Section 22.011, Penal Code, is amended by
amending Subsection (e) and adding Subsection (e-1) 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.
(e-1) It is an affirmative defense to prosecution under
Subsection (a)(2) [; or
[(2)] that, at the time of the offense:
(1) [(A)] the actor was not [more than three years
older than the victim and at the time of the offense]:
(A) [(i) was not] required under Chapter 62, Code
of Criminal Procedure, to register for life as a sex offender; or
(B) [(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;
(2) the actor:
(A) was not more than three years older than the
victim; or
(B) was in a dating relationship with the victim
that began while both the actor and the victim were enrolled in the
same primary or secondary school, if the school provided
instruction to not more than four consecutive grade levels at that
time; and
(3) [(B)] the victim:
(A) [(i)] was a child of 14 years of age or older;
and
(B) [(ii)] was not:
(i) [(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
(ii) [(b)] a person with whom the actor was
prohibited from engaging in sexual intercourse or deviate sexual
intercourse under Section 25.02.
SECTION 4. 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 5. This Act takes effect September 1, 2021.