The proposal, which has passed the Texas State Senate, allows those 17 or younger to be charged with a misdemeanor for sending sexually suggestive images, rather than a felony.
But the bill does have a loophole for dating teens, which seems reasonable. In those cases, the action probably should just be deemed stupid, rather than criminal. Â From the bill text:
(e)AAIt is an affirmative defense to prosecution under this
(1)AAdepicted only the actor or another minor:
(A)AAwho is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense;
(e)AAIt is an affirmative defense to prosecution under this section that the visual material:
The bill is now headed to the House for consideration.
