Bill > SB358

This bill modifies the legal defense provisions for the criminal offense of indecency with a child under Texas Penal Code Section 21.11. Specifically, the bill removes the requirement that the defendant and victim be of opposite sexes when establishing an affirmative defense, meaning that same-sex interactions can now also potentially qualify for this defense. The affirmative defense remains contingent on three key conditions: the actor was not more than three years older than the victim, did not use duress, force, or threats, and was not required to register as a lifetime sex offender or have a prior reportable conviction for this offense. The changes will apply to offenses committed on or after September 1, 2025, and will not affect existing final convictions. This modification appears aimed at updating the law to remove gender-based restrictions while maintaining protections against significant age differences and potential coercion in child indecency cases.

Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB358