Bill > HB1271

This bill modifies the legal defense provisions for the criminal offense of indecency with a child in the Texas Penal Code. Specifically, the bill removes the requirement that the actor and victim be of opposite sexes when establishing an affirmative defense to prosecution. The existing affirmative defense will still require that the actor: (1) was not more than three years older than the victim, (2) did not use duress, force, or threats against the victim, and (3) was not required to register as a lifetime sex offender or have a reportable conviction for this type of offense. The changes will apply to offenses committed on or after the effective date (September 1, 2025) and to pending criminal actions, but will not affect existing final convictions. By removing the gender-specific language, the bill appears to broaden the scope of the existing affirmative defense to apply regardless of the gender of the individuals involved.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1271