| 1 | 1 | | 84R17156 JRR-F |
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| 2 | 2 | | By: Dale, King of Parker, Sheffield, Burkett, H.B. No. 861 |
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| 3 | 3 | | Frullo, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 861: |
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| 5 | 5 | | By: Herrero C.S.H.B. No. 861 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the prosecution of the offense of online solicitation |
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| 11 | 11 | | of a minor. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 33.021(b), (d), and (e), Penal Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (b) A person who is 17 years of age or older commits an |
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| 16 | 16 | | offense if, with the intent to induce a minor to engage in conduct |
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| 17 | 17 | | with the actor or another person that would constitute an offense |
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| 18 | 18 | | under Section 21.11, 22.011, 22.021, 43.25, or 43.26 [arouse or |
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| 19 | 19 | | gratify the sexual desire of any person], the person, over the |
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| 20 | 20 | | Internet, by electronic mail or text message or other electronic |
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| 21 | 21 | | message service or system, or through a commercial online service, |
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| 22 | 22 | | intentionally: |
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| 23 | 23 | | (1) communicates in a sexually explicit manner with a |
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| 24 | 24 | | minor; or |
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| 25 | 25 | | (2) distributes sexually explicit material to a minor. |
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| 26 | 26 | | (d) It is not a defense to prosecution under Subsection (c) |
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| 27 | 27 | | that[: |
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| 28 | 28 | | [(1)] the meeting did not occur[; |
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| 29 | 29 | | [(2) the actor did not intend for the meeting to occur; |
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| 30 | 30 | | or |
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| 31 | 31 | | [(3) the actor was engaged in a fantasy at the time of |
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| 32 | 32 | | commission of the offense]. |
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| 33 | 33 | | (e) It is a defense to prosecution under this section that |
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| 34 | 34 | | at the time conduct described by Subsection [(b) or] (c) was |
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| 35 | 35 | | committed: |
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| 36 | 36 | | (1) the actor was married to the minor; or |
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| 37 | 37 | | (2) the actor was not more than three years older than |
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| 38 | 38 | | the minor and the minor consented to the conduct. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the offense was committed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. For |
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| 44 | 44 | | purposes of this section, an offense was committed before the |
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| 45 | 45 | | effective date of this Act if any element of the offense occurred |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2015. |
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