Texas House Bill HB1309

Texas 2011 - 82nd Regular

• Out of House Committee: 4/26/11
• Introduced: 2/14/11
• Refer: 3/1/11
• Report Pass: 4/20/11

Caption

Relating to the creation of the offense of possession or promotion of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense.

Impact

If enacted, HB 1309 would amend the Penal Code and the Education Code, introducing both legal penalties and educational requirements. A Class B misdemeanor could be imposed for violations of the new section, which could lead to criminal repercussions for young individuals engaging in such behavior. Furthermore, the bill mandates the development of educational programs to inform minors about the legal consequences of sharing these materials, aiming to mitigate potential harm and promote awareness regarding the serious implications of their actions.

Summary

House Bill 1309 aims to address the possession and promotion of visual materials depicting minors engaged in sexual conduct. The bill proposes a new offense for minors who intentionally possess or promote such materials, emphasizing the importance of preventing the exploitation of young individuals. It establishes the legal definitions of terms such as 'visual material' and 'minor' while outlining the conditions under which a minor may be prosecuted, including provisions for potential affirmative defenses if the minor is involved in a dating relationship with the person depicted in the material.

Contention

The bill has sparked discussion around the balance of protecting minors from the dangers of sharing explicit material while ensuring that the responses to such behavior are appropriate and educational rather than purely punitive. Critics may argue that criminalizing the actions of minors could lead to long-term negative effects on their future opportunities. Therefore, there is an ongoing conversation about the best approaches to tackle this sensitive issue without resorting to stringent legal measures that could further jeopardize the futures of young people.