By: Van de Putte S.B. No. 1295
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. Section 21.11, Penal Code, is amended by amending
1-6 Subsection (c) and adding Subsection (d) to read as follows:
1-7 (c) It is a defense to prosecution under this section that:
1-8 (1) the victim was of the opposite sex of the actor;
1-9 (2) at the time of the offense the victim was 14 years
1-10 of age or older and the actor was younger than 20 years of age; and
1-11 (3) the actor through mistake formed a reasonable
1-12 belief that the victim was not more than three years younger than
1-13 the actor.
1-14 (d) An offense under Subsection (a)(1) is a felony of the
1-15 second degree and an offense under Subsection (a)(2) is a felony of
1-16 the third degree.
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to an offense committed on or after the effective date of this
1-19 Act. For purposes of this section, an offense is committed before
1-20 the effective date of this Act if any element of the offense occurs
1-21 before the effective date.
1-22 (b) An offense committed before the effective date of this
1-23 Act is covered by the law in effect when the offense was committed,
1-24 and the former law is continued in effect for that purpose.
1-25 SECTION 3. This Act takes effect September 1, 2001.