The bill amends Section 22.011(b) of the Penal Code to expand the definitions of sexual assault without consent. It introduces several new circumstances under which consent is deemed absent, including situations where the actor knows the other person is intoxicated to the point of being incapable of understanding the act, and where the actor is aware that the other person has withdrawn consent but continues the act. Additionally, the bill adds a provision regarding caregivers who exploit a person's dependency, while removing a previous provision that allowed for the possibility of consent in certain circumstances.
The changes in the law will only apply to offenses committed on or after the effective date of September 1, 2025, meaning that any offenses occurring before this date will be governed by the previous law. This ensures that individuals charged with offenses prior to the enactment of this bill will not be subject to the new definitions and standards.
Statutes affected: Introduced: Penal Code 22.011 (Penal Code 22)