Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB2385 by Madden (Relating to the prosecution of the offenses of indecency with a child and sexual assault.), Committee Report 1st House, Substituted
The bill would amend the Penal Code by establishing a defense to prosecution for the offenses of indecency with a child and sexual assault of a child if the victim was of the opposite sex of the actor; 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; the actor did not use duress, force, or a threat against the victim; and the actor through mistake formed a reasonable belief that the victim was not more than three years younger than the actor.
By establishing a defense to prosecution for the offenses of indecency with a child and sexual assault of a child, the bill could potentially decrease incarceration populations. Such decreases would depend on the extent to which the defenses would be applied as provided by the bill; however, it is assumed that any impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies would probably not be substantial.