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.