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.