Texas 2017 - 85th Regular

Texas Senate Bill SB2238

Caption

Relating to certain sexual offenses and certain other offenses involving conduct of a sexual nature, including the creation of the criminal offenses of sexual coercion, indecent assault, and possession or promotion of lewd visual material depicting a child, and to certain criminal acts committed in relation to those offenses.

Impact

The bill significantly revises state laws related to sexual offenses, enhancing the legal framework for responding to crimes such as sexual coercion and indecent assault. By establishing clear definitions and classifications for these offenses, the bill aims to facilitate more effective prosecution of these crimes. Victims are afforded greater protection under the law, including the right to seek protective orders without restrictions tied to their relationship with the offender, which is pivotal in cases of domestic violence or sexual assault. This bill's enactment would create a more robust response mechanism within the state’s legal system concerning sexual crimes.

Summary

Senate Bill 2238 addresses specific categories of sexual offenses, introducing amendments to the Penal Code to establish new crimes, including sexual coercion and indecent assault. The bill aims to widen the scope of legal protections for victims of sexual violence and sets forth corresponding penalties for offenders. In particular, it emphasizes the importance of consent and aims to clarify the legal definitions surrounding offenses of a sexual nature. Additionally, it introduces provisions pertaining to lewd visual material involving children, reinforcing the legal framework against child exploitation.

Sentiment

The general sentiment surrounding SB 2238 appears to be positive among advocates for victims of sexual violence, as it seeks to enhance protections and ensure more stringent penalties for offenders. However, there may be dissent from those concerned about the broader implications of legal definitions and the potential for overreach in prosecuting certain behaviors as crimes. The discourse around the bill highlights a need for a delicate balance between the rights of the accused and the safety and rights of victims.

Contention

Notable points of contention within discussions about SB 2238 may center around how the definitions of new offenses could impact prosecutorial discretion and the legal consequences for individuals accused under these new laws. Critics may raise concerns about potential misinterpretations of consent and the implications for due process. Furthermore, the bill's provisions related to lewd visual material must be scrutinized to ensure they effectively target criminal behavior while safeguarding against wrongful accusations. As such, the discussions about this bill reflect ongoing challenges in addressing sexual offenses while ensuring justice for all parties involved.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2700

Relating to prosecution of certain criminal offenses prohibiting sexually explicit visual material involving children.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB1975

Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB1559

Relating to the prosecution of the offenses of indecency with a child and sexual assault.

TX HB151

Relating to certain affirmative defenses to prosecution for the criminal offenses of sexual performance by a child and possession or promotion of child pornography.

TX HB2537

Relating to the prosecution of the criminal offense of sexual assault.

TX HB403

Relating to the prosecution of the criminal offense of sexual assault.

Similar Bills

CA SB963

Hospitals: self-identification procedure: human trafficking or domestic violence.

IL HB5469

HUMAN TRAFFICK-ORDER PROTECTN

IL HB1903

HUMAN TRAFFICK-ORDER PROTECTN

CA AB2020

Survivors of Human Trafficking Support Act.

LA SB215

Provides justification defense to domestic violence victim-defendants. (8/1/23)

MD HB833

Criminal Law - Victims of Child Sex Trafficking and Human Trafficking - Safe Harbor and Service Response

MD HB297

Criminal Law - Victims of Child Sex Trafficking and Human Trafficking - Safe Harbor and Service Response

NJ S3550

Establishes New Jersey Human Trafficking Criminal Registry; requires establishment of educational curricula related to human trafficking.