TX SB358

Removes the "opposite sex" requirement from the affirmative defense to indecency with a child charges, allowing the defense to apply regardless of the sexes of the actor and victim

Maintains existing affirmative defense requirements: actor must be no more than 3 years older than the victim, must not have used duress, force, or threats, and must not be a registered sex offender

Applies to offenses committed on or after September 1, 2025, as well as pending criminal cases for offenses committed before that date

Does not affect final convictions for indecency with a child that exist before the effective date

Takes effect September 1, 2025