| 1 | 1 | | 88R407 MCF-D |
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| 2 | 2 | | By: González of El Paso, et al. H.B. No. 1762 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the criminal offense of indecency |
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| 8 | 8 | | with a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.11(b), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) It is an affirmative defense to prosecution under this |
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| 13 | 13 | | section that the actor: |
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| 14 | 14 | | (1) was not more than three years older than the victim |
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| 15 | 15 | | [and of the opposite sex]; |
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| 16 | 16 | | (2) did not use duress, force, or a threat against the |
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| 17 | 17 | | victim at the time of the offense; and |
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| 18 | 18 | | (3) at the time of the offense: |
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| 19 | 19 | | (A) was not required under Chapter 62, Code of |
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| 20 | 20 | | Criminal Procedure, to register for life as a sex offender; or |
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| 21 | 21 | | (B) was not a person who under Chapter 62, Code of |
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| 22 | 22 | | Criminal Procedure, had a reportable conviction or adjudication for |
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| 23 | 23 | | an offense under this section. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies to an |
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| 25 | 25 | | offense committed on or after the effective date of this Act and to |
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| 26 | 26 | | any criminal action pending on the effective date of this Act for an |
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| 27 | 27 | | offense committed before that effective date. A final conviction |
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| 28 | 28 | | for an offense under Section 21.11, Penal Code, that exists on the |
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| 29 | 29 | | effective date of this Act is unaffected by this Act. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2023. |
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