The bill would amend the Penal Code to provide a defense to prosecution for the offenses of indecency with a child and sexual assault if the actor was not more than five years older than the victim and both persons were enrolled in school at the ninth grade level or above. Indecency with a child and sexual assault are punishable at various felony levels, depending on the circumstances of the offense.

Providing a defense to prosecution is expected to result in fewer demands on the correctional resources of the state, due to fewer people potentially placed under felony community supervision or admitted into state correctional institutions. In fiscal year 2014, 4,207 people were arrested, 708 were placed under felony community supervision, and 1,473 were admitted into state correctional institutions for the offenses of indecency with a child and sexual assault. Statewide data are not available to indicate which of these persons would have been eligible for the defenses to prosecution provided in the bill. However, this analysis assumes the bill's provisions would not result in a significant impact on state correctional populations, programs, or workloads.