Sanchez v. State, 2013 Tex. Crim. App. LEXIS 823

Garland Police Detective Bruce Marshall undercover as Molly Shaw, a 15-year-old online persona, engages Sanchez in repeated online sexual-solicitation attempts from 2004 to 2006.
In April 2004, Sanchez and Molly exchange ages; Molly’s birthdate is given as October 25, 1988 and Sanchez’s as November 19, 1985.
On January 24, 2006, Molly agrees to meet; Sanchez is arrested with condoms found on him and admits knowing Molly was fifteen.
Sanchez is charged with criminal solicitation of a minor (§15.031(b)) and sexual assault of a child (§22.011(a)(2)); indictment uses an “on or about” date.
Defense requests a jury instruction on the §22.011(e) within-three-years affirmative defense; trial court denies it.
Court of Appeals affirms, holding the within-three-years defense does not apply to §15.031(b); Sanchez petitions for discretionary review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does §22.011(e) apply to §15.031(b) prosecutions?	Sanchez argues the defense is incorporated via §15.031(b)’s plain language.	State contends the defense is not applicable to solicitation of a minor.	Yes; §22.011(e) applies to §15.031(b).
If applicable, was there sufficient evidence to warrant the instruction here?	Evidence could raise the defense based on ages within three years when considering “on or about” dates.	No justified defensive issue given the facts and lack of a real victim’s age.	Yes; the evidence could warrant an instruction; the omission harmed appellant.

Cocke v. State, 201 S.W.3d 744 (Tex. Crim. App. 2006) (affirmative-defense instruction rights; credibility of evidence)
Mahaffey v. State, 364 S.W.3d 908 (Tex. Crim. App. 2012) (statutory interpretation and plain-language approach)
Sledge v. State, 953 S.W.2d 253 (Tex. Crim. App. 1997) (on-or-about indictment language and proof timing)