Bill Text: TX SB1316 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution of the offense of indecency with a child.

Status: (Introduced) 2013-05-21 - Not again placed on intent calendar [SB1316 Detail]

Download: Texas-2013-SB1316-Introduced.html
  83R5828 MAW-D
 
  By: Whitmire S.B. No. 1316
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the 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 had a
  reportable conviction or adjudication for an offense under this
  section.
         SECTION 2.  The change in law made by this Act applies 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, 2013.
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