S.B. No. 358 amends Section 21.11(b) of the Penal Code regarding the prosecution of the criminal offense of indecency with a child. The bill introduces an affirmative defense for the accused, stating that it is a valid defense if the actor was not more than three years older than the victim and did not use duress, force, or threats during the offense. Additionally, the bill specifies that the actor must not be required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure and must not have a reportable conviction or adjudication for an offense under this section.

The bill removes the requirement that the actor must be of the opposite sex as the victim, thereby broadening the scope of the affirmative defense. The changes made by this Act will apply to offenses committed on or after its effective date, as well as to any pending criminal actions for offenses committed before that date. However, any final convictions existing on the effective date will remain unaffected. The Act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Penal Code 21.11 (Penal Code 21)