TX SB792

Expands the legal standard for sexual assault to include situations where the actor "knows or reasonably should know" the victim is unconscious, physically unable to resist, incapable of appraising or resisting the act, or unaware the assault is occurring

Adds explicit provision that sexual assault occurs without consent when the actor knows or reasonably should know the other person has withdrawn consent and the actor persists after consent is withdrawn

Creates new provision establishing that sexual assault without consent occurs when the actor knows or reasonably should know the other person is intoxicated by any substance to the point of being incapable of consenting

Removes the previous requirement that the prosecution prove "the other person has not consented" as a separate element in certain circumstances, streamlining the consent analysis

Applies only to offenses committed on or after September 1, 2025, with prior offenses governed by former law