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A BILL TO BE ENTITLED
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AN ACT
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relating to an affirmative defense available to certain students |
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enrolled in grade level nine or above who engage in prohibited |
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sexual contact with another student at or above that grade level. |
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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
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victim and] of the opposite sex and not more than three years older |
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than the victim, or not more than five years older if both the actor |
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and victim were enrolled in a public or private school in grade |
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level nine or above at the time of the offense; |
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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. Section 22.011(e), Penal Code, is amended to |
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read as follows: |
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(e) It is an affirmative defense to prosecution under |
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Subsection (a)(2): |
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(1) that the actor was the spouse of the child at the |
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time of the offense; or |
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(2) that: |
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(A) the actor was not more than three years older |
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than the victim, or not more than five years older if both the actor |
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and victim were enrolled in a public or private school in grade |
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level nine or above at the time of the offense, and at the time of |
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the offense: |
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(i) was not required under Chapter 62, Code |
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of Criminal Procedure, to register for life as a sex offender; or |
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(ii) was not a person who under Chapter 62, |
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Code of Criminal Procedure, had a reportable conviction or |
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adjudication for an offense under this section; and |
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(B) the victim: |
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(i) was a child of 14 years of age or older; |
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and |
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(ii) was not a person whom the actor was |
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prohibited from marrying or purporting to marry or with whom the |
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actor was prohibited from living under the appearance of being |
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married under Section 25.01. |
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SECTION 3. 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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governed by the law in effect at the time of the offense, 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 occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |