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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain conduct constituting the |
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offense of indecency with a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.11(b), Penal Code, is amended to read |
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as follows: |
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(b) It is an affirmative defense to prosecution under this |
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section that the actor: |
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(1) was not more than three years older than the victim |
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[and of the opposite sex]; |
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(2) did not use duress, force, or a threat against the |
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victim at the time of the offense; and |
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(3) at the time of the offense: |
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(A) was not required under Chapter 62, Code of |
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Criminal Procedure, to register for life as a sex offender; or |
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(B) was not a person who under Chapter 62 had a |
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reportable conviction or adjudication for an offense under this |
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section. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |