1-1 By: Carona S.B. No. 932
1-2 (In the Senate - Filed February 26, 2001; February 27, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 18, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 18, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 932 By: Ogden
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the prosecution of the offense of indecency with a
1-11 child.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivision (2), Section 21.01, Penal Code, is
1-14 amended to read as follows:
1-15 (2) "Sexual contact" means, except as provided by
1-16 Section 21.11, any touching of the anus, breast, or any part of the
1-17 genitals of another person with intent to arouse or gratify the
1-18 sexual desire of any person.
1-19 SECTION 2. Section 21.11, Penal Code, is amended to read as
1-20 follows:
1-21 Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits
1-22 an offense if, with a child younger than 17 years and not the
1-23 person's [his] spouse, whether the child is of the same or opposite
1-24 sex, the person [he]:
1-25 (1) engages in sexual contact with the child or causes
1-26 the child to engage in sexual contact; or
1-27 (2) with intent to arouse or gratify the sexual desire
1-28 of any person:
1-29 (A) exposes the person's [his] anus or any part
1-30 of the person's [his] genitals, knowing the child is present; or
1-31 (B) causes the child to expose the child's anus
1-32 or any part of the child's genitals[, with intent to arouse or
1-33 gratify the sexual desire of any person].
1-34 (b) It is an affirmative defense to prosecution under this
1-35 section that the actor:
1-36 (1) was not more than three years older than the
1-37 victim and of the opposite sex;
1-38 (2) did not use duress, force, or a threat against the
1-39 victim at the time of the offense; and
1-40 (3) at the time of the offense:
1-41 (A) was not required under Chapter 62, Code of
1-42 Criminal Procedure[, as added by Chapter 668, Acts of the 75th
1-43 Legislature, Regular Session, 1997], to register for life as a sex
1-44 offender; or
1-45 (B) was not a person who under Chapter 62 had a
1-46 reportable conviction or adjudication for an offense under this
1-47 section.
1-48 (c) In this section, "sexual contact" means the following
1-49 acts, if committed with the intent to arouse or gratify the sexual
1-50 desire of any person:
1-51 (1) any touching by a person, including touching
1-52 through clothing, of the anus, breast, or any part of the genitals
1-53 of a child; or
1-54 (2) any touching of any part of the body of a child,
1-55 including touching through clothing, with the anus, breast, or any
1-56 part of the genitals of a person.
1-57 (d) An offense under Subsection (a)(1) is a felony of the
1-58 second degree and an offense under Subsection (a)(2) is a felony of
1-59 the third degree.
1-60 SECTION 3. (a) The change in law made by this Act applies
1-61 only to an offense committed on or after the effective date of this
1-62 Act. For purposes of this section, an offense is committed before
1-63 the effective date of this Act if any element of the offense occurs
1-64 before the effective date.
2-1 (b) An offense committed before the effective date of this
2-2 Act is covered by the law in effect when the offense was committed,
2-3 and the former law is continued in effect for that purpose.
2-4 SECTION 4. This Act takes effect September 1, 2001.
2-5 * * * * *