I have a question about 21.11 of the Texas penal code.
The Penal code states:
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an
offense if, with a child younger than 17 years and not the person's
spouse, whether the child is of the same or opposite sex, the
person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
(A) exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus
or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
and of the opposite sex;
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section."
I am trying to decipher the part where it states "However , "...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender"
Could someone please clear this up for me? I am doing some legal research for a report, and I've scowered the internet to find very mixed interpretations. (btw, the same stipulation also applies for sexual assault)
Thank you.
The Penal code states:
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits an
offense if, with a child younger than 17 years and not the person's
spouse, whether the child is of the same or opposite sex, the
person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
(A) exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus
or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this
section that the actor:
(1) was not more than three years older than the victim
and of the opposite sex;
(2) did not use duress, force, or a threat against the
victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section."
I am trying to decipher the part where it states "However , "...It is an affirmative defense to prosecution under this section that the actor...was not more than three years older than the victim and of the opposite sex...(and) did not use duress, force, or a threat against the victim at the time of the offence" and is not a registered sex offender"
Could someone please clear this up for me? I am doing some legal research for a report, and I've scowered the internet to find very mixed interpretations. (btw, the same stipulation also applies for sexual assault)
Thank you.
