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.