The bill, H.B. No. 1345, amends Section 22.011(b) of the Penal Code to clarify the circumstances under which sexual assault is considered to occur without the consent of the other person. It introduces new legal language that defines consent as being absent if it is not present 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 specific scenarios that constitute non-consensual acts, emphasizing the importance of consent in various contexts.

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 that occurred prior to this date will be governed by the law in effect at that time, ensuring that individuals are not retroactively prosecuted under the new provisions. This approach aims to provide clarity and protection for victims of sexual assault while respecting the legal framework in place at the time of the offense.

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