The bill, H.B. No. 1345, amends Section 22.011(b) of the Texas Penal Code to clarify the circumstances under which sexual assault is considered to occur without the consent of the other person. The new language specifies that consent is absent if it is not present as defined by Section 1.07(a) or if certain conditions are met, including the use of physical force, coercion, or exploitation of emotional dependency by individuals in positions of power, such as public servants, health care providers, clergymen, and caregivers. The bill outlines various scenarios that constitute non-consensual acts, emphasizing the importance of consent in sexual assault cases.

Additionally, the bill stipulates that the changes in law will only apply to offenses committed on or after the effective date of September 1, 2025. Offenses occurring before this date will be governed by the previous law, ensuring that individuals are prosecuted under the legal framework in place at the time of the offense. This provision aims to provide clarity and fairness in the application of the law regarding sexual assault.

Statutes affected:
Introduced: Penal Code 22.011 (Penal Code 22)