Bill removing the opposite-sex limit from a close-in-age defense

The text as introduced · 236 words

89R974 RDR-D

By: González of El Paso
H.B. No. 1271

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the criminal offense of indecency

with a child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.11(b), Penal Code, is amended to read

as follows:

(b) It is an affirmative defense to prosecution under this

section that the actor:

(1) was 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 , Code of

Criminal Procedure, had a reportable conviction or adjudication for

an offense under this section.

SECTION 2. The change in law made by this Act applies to an

offense committed on or after the effective date of this Act and to

any criminal action pending on the effective date of this Act for an

offense committed before that effective date. A final conviction

for an offense under Section 21.11, Penal Code, that exists on the

effective date of this Act is unaffected by this Act.

SECTION 3. This Act takes effect September 1, 2025.