Texas SB358 amends the prosecution criteria for indecency with a child by introducing affirmative defenses.

Texas SB358 modifies the Texas Penal Code to introduce affirmative defenses for the prosecution of indecency with a child. Under the new law, an actor can claim an affirmative defense if they were not more than three years older than the victim, did not use duress, force, or a threat, and were not required to register as a sex offender or had no prior reportable conviction for the offense. The changes apply to offenses committed after the act's effective date of September 1, 2025, and to any pending criminal actions on that date.

Texas SB358 amends the prosecution criteria for indecency with a child by introducing affirmative defenses.

Texas SB358 modifies the Texas Penal Code to introduce affirmative defenses for the prosecution of indecency with a child. Under the new law, an actor can claim an affirmative defense if they were not more than three years older than the victim, did not use duress, force, or a threat, and were not required to register as a sex offender or had no prior reportable conviction for the offense. The changes apply to offenses committed after the act's effective date of September 1, 2025, and to any pending criminal actions on that date.