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A BILL TO BE ENTITLED
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AN ACT
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relating to an affirmative defense to certain prohibited sexual |
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conduct occurring as part of a dating relationship that began in |
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primary or secondary school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.11(b) and (c), Penal Code, are |
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amended to read 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 at the time of the offense: |
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(A) not more than three years older than the |
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victim; or |
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(B) in a dating relationship with the victim that |
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began while both the actor and the victim were enrolled in the same |
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primary or secondary school, if the school provided instruction to |
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not more than four consecutive grade levels at that time [not more |
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than three years older than the victim and of the opposite sex]; |
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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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(c) In this section: |
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(1) "Dating relationship" has the meaning assigned by |
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Section 71.0021, Family Code. |
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(2) "Sexual [, "sexual] contact" means the following |
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acts, if committed with the intent to arouse or gratify the sexual |
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desire of any person: |
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(A) [(1)] any touching by a person, including |
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touching through clothing, of the anus, breast, or any part of the |
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genitals of a child; or |
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(B) [(2)] any touching of any part of the body of |
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a child, including touching through clothing, with the anus, |
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breast, or any part of the genitals of a person. |
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SECTION 2. Section 22.011(c), Penal Code, is amended by |
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adding Subdivision (8) to read as follows: |
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(8) "Dating relationship" has the meaning assigned by |
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Section 71.0021, Family Code. |
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SECTION 3. Section 22.011, Penal Code, is amended by |
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amending Subsection (e) and adding Subsection (e-1) to read as |
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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. |
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(e-1) It is an affirmative defense to prosecution under |
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Subsection (a)(2) [; or |
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[(2)] that, at the time of the offense: |
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(1) [(A)] the actor was not [more than three years |
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older than the victim and at the time of the offense]: |
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(A) [(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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(B) [(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; |
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(2) the actor: |
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(A) was not more than three years older than the |
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victim; or |
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(B) was in a dating relationship with the victim |
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that began while both the actor and the victim were enrolled in the |
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same primary or secondary school, if the school provided |
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instruction to not more than four consecutive grade levels at that |
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time; and |
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(3) [(B)] the victim: |
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(A) [(i)] was a child of 14 years of age or older; |
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and |
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(B) [(ii)] was not: |
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(i) [(a)] 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; or |
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(ii) [(b)] a person with whom the actor was |
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prohibited from engaging in sexual intercourse or deviate sexual |
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intercourse under Section 25.02. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, 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 5. This Act takes effect September 1, 2021. |