AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The current statute on indecency with a child states that it is a defense to prosecution if the individuals are within three years of each other's age providing that they are of the opposite sex. This bill amends Chapter 21 (Sexual Offenses) of the Penal Code by striking "and of the opposite sex" from Section 21.11(b). This will allow for both same sex and opposite sex couples to have the same defense to prosecution.
As proposed, S.B. 1316 amends current law relating to the prosecution of the offense of indecency with a child.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 21.11(b), Penal Code, to provide that it is an affirmative defense to prosecution under this section that the actor, among other criteria, was not more than three years older than the victim, rather than was not more than three years older than the victim and of the opposite sex.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2013.