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 not present if it is defined as such in Section 1.07(a) and outlines various scenarios that constitute non-consensual acts. These scenarios include instances of physical coercion, threats of violence, exploitation of emotional dependency by certain professionals (such as public servants, health care providers, and clergy), and situations where the victim is unable to resist due to unconsciousness or mental incapacity.

Additionally, the bill establishes that the changes in 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 criteria for sexual assault.

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