Bill Would Prevent Gay Teens From Becoming Felons For Consensual Sex

It’s illegal in Texas to have sexual contact with a person under 17.

However, if two consenting teens are within three years of age and of the opposite sex, state law provides an “out” for the older party—an affirmative defense to the charge of indecency with a child, otherwise a second-degree felony.

The same affirmative defense is not offered to teens of the same sex, meaning LGBT youth can face prison time for consensual sexual contact, including heavy petting.

It’s unclear whether an LGBT teen has ever been charged under the statute, but House Bill 71, by Rep. Mary Gonzalez (D-El Paso), aims to prevent it from happening in the future. The bill would remove five words—”and of the opposite sex”—from the affirmative defense provision.

Read more: http://www.texasobserver.org/bill-would-prevent-gay-teens-from-becoming-felons-for-consensual-sex/