Bill

HB 85

86(R) - 2019
House Criminal Jurisprudence
House Criminal Jurisprudence
Crimes

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Mary Gonzalez

Bill Caption

Relating to the prosecution of the offense of indecency with a child.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Under current statute it is an affirmative defense to the crime of indecency with a child that the defendant was not more than three years older than the victim and of the opposite sex. This is to prevent situations where people who are of similar age who engage in consensual sexual activity are not criminalized. This bill strikes the "and of the opposite sex" requirement which effectively decriminalizes same-sex sexual contact with a person under the age of consent so long as the age difference is not more than three years.

Vote Recommendation Notes

This bill addresses a social issue. Texas Action does not make vote recommendations on legislation addressing purely social issues, therefore we remain neutral on HB 85.