79R14024 RMB-D
By: Madden H.B. No. 2385
Substitute the following for H.B. No. 2385:
By: Keel C.S.H.B. No. 2385
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offenses of indecency with a
child and sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.11, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) It is a defense to prosecution under this section
that:
(1) the victim was of the opposite sex of the actor;
(2) at the time of the offense the victim was 14 years
of age or older and the actor was younger than 20 years of age;
(3) the actor did not use duress, force, or a threat
against the victim at the time of the offense; and
(4) the actor through mistake formed a reasonable
belief that the victim was not more than three years younger than
the actor.
SECTION 2. Section 22.011, Penal Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) It is a defense to prosecution under Subsection (a)(2)
that:
(1) the victim was of the opposite sex of the actor;
(2) at the time of the offense the victim was 14 years
of age or older and the actor was younger than 20 years of age;
(3) the actor did not use duress, force, or a threat
against the victim at the time of the offense; and
(4) the actor through mistake formed a reasonable
belief that the victim was not more than three years younger than
the actor.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before the effective date.
SECTION 4. This Act takes effect September 1, 2005.