By:  Carona                                            S.B. No. 932
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of the offense of indecency with a
 1-3     child.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subdivision (2), Section 21.01, Penal Code, is
 1-6     amended to read as follows:
 1-7                 (2)  "Sexual contact" means, except as provided by
 1-8     Section 21.11, any touching of the anus, breast, or any part of the
 1-9     genitals of another person with intent to arouse or gratify the
1-10     sexual desire of any person.
1-11           SECTION 2.  Section 21.11, Penal Code, is amended to read as
1-12     follows:
1-13           Sec. 21.11.  INDECENCY WITH A CHILD.  (a)  A person commits
1-14     an offense if, with a child younger than 17 years and not the
1-15     person's [his] spouse, whether the child is of the same or opposite
1-16     sex, the person [he]:
1-17                 (1)  engages in sexual contact with the child or causes
1-18     the child to engage in sexual contact; or
1-19                 (2)  with intent to arouse or gratify the sexual desire
1-20     of any person:
1-21                       (A) exposes the person's [his] anus or any part
1-22     of the person's [his] genitals, knowing the child is present; or
1-23                       (B)  causes the child to expose the child's anus
1-24     or any part of the child's genitals[, with intent to arouse or
1-25     gratify the sexual desire of any person].
 2-1           (b)  It is an affirmative defense to prosecution under this
 2-2     section that the actor:
 2-3                 (1)  was not more than three years older than the
 2-4     victim and of the opposite sex;
 2-5                 (2)  did not use duress, force, or a threat against the
 2-6     victim at the time of the offense; and
 2-7                 (3)  at the time of the offense:
 2-8                       (A)  was not required under Chapter 62, Code of
 2-9     Criminal Procedure[, as added by Chapter 668, Acts of the 75th
2-10     Legislature, Regular Session, 1997], to register for life as a sex
2-11     offender; or
2-12                       (B)  was not a person who under Chapter 62 had a
2-13     reportable conviction or adjudication for an offense under this
2-14     section.
2-15           (c)  In this section, "sexual contact" means the following
2-16     acts, if committed with the intent to arouse or gratify the sexual
2-17     desire of any person:
2-18                 (1)  any touching by a person, including touching
2-19     through clothing, of the anus, breast, or any part of the genitals
2-20     of a child; or
2-21                 (2)  any touching of any part of the body of a child,
2-22     including touching through clothing, with the anus, breast, or any
2-23     part of the genitals of a person.
2-24           (d)  An offense under Subsection (a)(1) is a felony of the
2-25     second degree and an offense under Subsection (a)(2) is a felony of
2-26     the third degree.
 3-1           SECTION 3.  (a)  The change in law made by this Act applies
 3-2     only to an offense committed on or after the effective date of this
 3-3     Act.  For purposes of this section, an offense is committed before
 3-4     the effective date of this Act if any element of the offense occurs
 3-5     before the effective date.
 3-6           (b)  An offense committed before the effective date of this
 3-7     Act is covered by the law in effect when the offense was committed,
 3-8     and the former law is continued in effect for that purpose.
 3-9           SECTION 4.  This Act takes effect September 1, 2001.