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79R7141 RMB-D

By:  Madden                                                       H.B. No. 2385



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of indecency with a 
child.       
	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; and
		(3)  the actor through mistake formed a reasonable 
belief that the victim was not more than three years younger than 
the actor.
	SECTION 2.  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 3.  This Act takes effect September 1, 2005.