82R3558 GCB-D
By: Huffman S.B. No. 486
A BILL TO BE ENTITLED
AN ACT
relating to creating the offense of sexual voyeurism; providing a
penalty and other civil consequences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Penal Code, is amended by adding
Section 21.16 to read as follows:
Sec. 21.16. SEXUAL VOYEURISM. (a) A person commits an
offense if, while on the premises of a public place and with the
intent to arouse or gratify the person's sexual desire, the person
looks into an area that is designed to provide privacy to another
person using the area, such as a restroom or shower stall or
changing or dressing room, and observes the other person without
the other person's consent.
(b) An offense under this section is a third degree felony,
except that the offense is a second degree felony if it is shown on
the trial of the offense that the person has been previously
convicted of an offense under this section.
SECTION 2. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), or (E);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
[or] (J), or (K), but not if the violation results in a deferred
adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication; [or]
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(K) a violation of Section 21.16 (Sexual
voyeurism), Penal Code.
SECTION 3. This Act takes effect September 1, 2011.