Texas 2015 - 84th Regular

Texas House Bill HB320 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Keough H.B. No. 320
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the clarification of the offense of online sexual
7	7	solicitation of a minor.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 33, Penal Code, Section 33.021 is
10	10	amended to read as follows:
11	11	(a) In this section:
12	12	(1) "Minor" means:
13	13	(A) an individual who at time of contact with
14	14	actor is under the age of 17 years.
15	15	(B) an individual whom the actor believes to be
16	16	younger than 17 years of age at time of first contact.
17	17	(2) "Sexual contact," "sexual intercourse," and
18	18	"deviate sexual intercourse" have the meanings assigned by Section
19	19	21.01.
20	20	(3) "Sexually explicit" means any communication,
21	21	language, or material, including a photographic or video image,
22	22	which relates to or describes sexual conduct, as defined by Section
23	23	43.25.
24	24	(b) A person who is 18[17] years of age or older at time of
25	25	first contact commits an offense if, the actor exchanges in
26	26	sexually explicit communication or distributes sexually explicit
27	27	material, of either himself or herself, or of another person over
28	28	the Internet or by electronic mail or a commercial online service
29	29	or text message intentionally with a minor:
30	30	(1) communicates in a sexually explicit manner with a
31	31	minor; or
32	32	(2) distributes sexually explicit material to a minor.
33	33	(c) A person commits an offense if the person, over the
34	34	Internet or by electronic mail or text message or a commercial
35	35	online service, knowingly solicits a minor to meet another person,
36	36	including the actor, with the intent that the minor will engage in
37	37	sexual contact, sexual intercourse, or deviate sexual intercourse
38	38	with the actor or another person.
39	39	(d) It is not a defense to prosecution under Subsection (c)
40	40	that:
41	41	(1) the meeting did not occur;
42	42	(2) the actor did not intend for the meeting to occur;
43	43	or
44	44	(3) the actor was engaged in a fantasy at the time of
45	45	commission of the offense under Subsection (b) or (c).
46	46	(e) It is a defense to prosecution under this section that
47	47	at the time conduct described by Subsection (b) or (c) was
48	48	committed:
49	49	(1) the actor was married to the minor; or
50	50	(2) the actor was not more than three years older than
51	51	the minor and the minor consented to the conduct.
52	52	(f) An offense under Subsection (b) is a felony of the third
53	53	degree, except that the offense is a felony of the second degree if
54	54	the minor is younger than 14 years of age at time of first contact or
55	55	is an individual who the actor believes to be younger than 14 years
56	56	of at the commission of the offense. An offense under Subsection
57	57	(c) is a felony of the second degree.
58	58	(g) If conduct that constitutes an offense under [this
59	59	section]
60	60	Sec. 33.021 also constitutes an offense under any other
61	61	law, the actor may be prosecuted under this section, the other law,
62	62	or both.
63	63	SECTION 2. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2015.