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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for a child younger than 14 |
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years old for the offense of prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.02, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) It is a defense to prosecution under this section that |
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the actor engaged in the conduct that constitutes the offense: |
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(1) because the actor was the victim of conduct that |
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constitutes an offense under Section 20A.02; or |
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(2) was a child younger than 14 years old and was |
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forced to commit the conduct by a person who is 18 years of age or |
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older. |
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(e) The exception provided by Subsection (d)(2) applies to |
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any other proceeding under state law. |
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SECTION 2. (a) The change in law made by this Act in |
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amending Section 43.02, Penal Code, applies only to an offense |
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committed on or after the effective date of this Act. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |