H.B. No. 1714 amends Section 22.011(b) of the Penal Code to expand the definitions of sexual assault without consent. The bill introduces several new circumstances under which consent is deemed absent, including situations where the actor knows the other person is intoxicated to the point of being incapable of appraising the nature of the act, and where the actor knows that the other person has withdrawn consent but continues the act. Additionally, the bill adds a provision that addresses the actions of caregivers who exploit the dependency of individuals they assist.

The bill also removes a previous provision regarding the actions of a caregiver, while adding new definitions that enhance the legal framework surrounding sexual assault. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the law in effect at that time.

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