By Van de Putte S.B. No. 1295
77R6329 GWK-D
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 adding
1-6 Subsection (d) to read as follows:
1-7 (d) It is an affirmative defense to prosecution under this
1-8 section that:
1-9 (1) the victim was 14 years of age or older and of the
1-10 opposite sex of the actor; and
1-11 (2) 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 SECTION 2. (a) The change in law made by this Act applies
1-15 only to an offense committed on or after the effective date of this
1-16 Act. For purposes of this section, an offense is committed before
1-17 the effective date of this Act if any element of the offense occurs
1-18 before the effective date.
1-19 (b) An offense committed before the effective date of this
1-20 Act is covered by the law in effect when the offense was committed,
1-21 and the former law is continued in effect for that purpose.
1-22 SECTION 3. This Act takes effect September 1, 2001.