The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to remove from the list of criteria for an affirmative defense to prosecution of indecency with a child, that a defendant who was not more than three years older than the victim be a member of the opposite sex.

Removing criteria from an existing defense to prosecution is expected to result in decreased demands upon the correctional resources of the state due to fewer persons placed on community supervision or admitted into state correctional institutions. However, this analysis assumes the provisions of the bill would not result in a significant impact on state correctional populations, programs, or workloads.