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 individuals accused of this offense, stipulating that the actor must not be more than three years older than the victim and must not have used duress, force, or threats against the victim at the time of the offense. Additionally, the bill specifies that the actor should not be required to register for life as a sex offender under Chapter 62 of the Code of Criminal Procedure, nor should they have a reportable conviction or adjudication for an offense under this section.

The bill also clarifies that the changes will apply to offenses committed on or after the effective date of the Act, as well as to any pending criminal actions for offenses committed before that date. However, it notes that any final convictions for offenses under Section 21.11 that exist 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)