| 1 | 1 | | 89R974 RDR-D |
|---|
| 2 | 2 | | By: Eckhardt, Gutierrez, Menéndez S.B. No. 358 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the prosecution of the criminal offense of indecency |
|---|
| 10 | 10 | | with a child. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 21.11(b), Penal Code, is amended to read |
|---|
| 13 | 13 | | as follows: |
|---|
| 14 | 14 | | (b) It is an affirmative defense to prosecution under this |
|---|
| 15 | 15 | | section that the actor: |
|---|
| 16 | 16 | | (1) was not more than three years older than the victim |
|---|
| 17 | 17 | | [and of the opposite sex]; |
|---|
| 18 | 18 | | (2) did not use duress, force, or a threat against the |
|---|
| 19 | 19 | | victim at the time of the offense; and |
|---|
| 20 | 20 | | (3) at the time of the offense: |
|---|
| 21 | 21 | | (A) was not required under Chapter 62, Code of |
|---|
| 22 | 22 | | Criminal Procedure, to register for life as a sex offender; or |
|---|
| 23 | 23 | | (B) was not a person who under Chapter 62, Code of |
|---|
| 24 | 24 | | Criminal Procedure, had a reportable conviction or adjudication for |
|---|
| 25 | 25 | | an offense under this section. |
|---|
| 26 | 26 | | SECTION 2. The change in law made by this Act applies to an |
|---|
| 27 | 27 | | offense committed on or after the effective date of this Act and to |
|---|
| 28 | 28 | | any criminal action pending on the effective date of this Act for an |
|---|
| 29 | 29 | | offense committed before that effective date. A final conviction |
|---|
| 30 | 30 | | for an offense under Section 21.11, Penal Code, that exists on the |
|---|
| 31 | 31 | | effective date of this Act is unaffected by this Act. |
|---|
| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|