| 1 | | - | By: Dale, Moody, Fallon H.B. No. 1810 |
|---|
| 2 | | - | (Senate Sponsor - Buckingham) |
|---|
| 3 | | - | (In the Senate - Received from the House May 10, 2017; |
|---|
| 4 | | - | May 10, 2017, read first time and referred to Committee on Criminal |
|---|
| 5 | | - | Justice; May 17, 2017, reported favorably by the following vote: |
|---|
| 6 | | - | Yeas 8, Nays 0; May 17, 2017, sent to printer.) |
|---|
| 7 | | - | Click here to see the committee vote |
|---|
| 1 | + | H.B. No. 1810 |
|---|
| 11 | 4 | | AN ACT |
|---|
| 12 | 5 | | relating to the creation of the offense of possession or promotion |
|---|
| 13 | 6 | | of lewd visual material depicting a child. |
|---|
| 14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 15 | 8 | | SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
|---|
| 16 | 9 | | by adding Section 43.262 to read as follows: |
|---|
| 17 | 10 | | Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL |
|---|
| 18 | 11 | | MATERIAL DEPICTING CHILD. (a) In this section: |
|---|
| 19 | 12 | | (1) "Promote" and "sexual conduct" have the meanings |
|---|
| 20 | 13 | | assigned by Section 43.25. |
|---|
| 21 | 14 | | (2) "Visual material" has the meaning assigned by |
|---|
| 22 | 15 | | Section 43.26. |
|---|
| 23 | 16 | | (b) A person commits an offense if the person knowingly |
|---|
| 24 | 17 | | possesses, accesses with intent to view, or promotes visual |
|---|
| 25 | 18 | | material that: |
|---|
| 26 | 19 | | (1) depicts the lewd exhibition of the genitals or |
|---|
| 27 | 20 | | pubic area of an unclothed, partially clothed, or clothed child who |
|---|
| 28 | 21 | | is younger than 18 years of age at the time the visual material was |
|---|
| 29 | 22 | | created; |
|---|
| 30 | 23 | | (2) appeals to the prurient interest in sex; and |
|---|
| 31 | 24 | | (3) has no serious literary, artistic, political, or |
|---|
| 32 | 25 | | scientific value. |
|---|
| 33 | 26 | | (c) An offense under this section is a state jail felony, |
|---|
| 34 | 27 | | except that the offense is: |
|---|
| 35 | 28 | | (1) a felony of the third degree if it is shown on the |
|---|
| 36 | 29 | | trial of the offense that the person has been previously convicted |
|---|
| 37 | 30 | | one time of an offense under this section or Section 43.26; and |
|---|
| 38 | 31 | | (2) a felony of the second degree if it is shown on the |
|---|
| 39 | 32 | | trial of the offense that the person has been previously convicted |
|---|
| 40 | 33 | | two or more times of an offense under this section or Section 43.26. |
|---|
| 41 | 34 | | (d) It is not a defense to prosecution under this section |
|---|
| 42 | 35 | | that the depicted child consented to the creation of the visual |
|---|
| 43 | 36 | | material. |
|---|
| 44 | 37 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|
| 45 | | - | * * * * * |
|---|
| 38 | + | ______________________________ ______________________________ |
|---|
| 39 | + | President of the Senate Speaker of the House |
|---|
| 40 | + | I certify that H.B. No. 1810 was passed by the House on May 9, |
|---|
| 41 | + | 2017, by the following vote: Yeas 147, Nays 0, 1 present, not |
|---|
| 42 | + | voting. |
|---|
| 43 | + | ______________________________ |
|---|
| 44 | + | Chief Clerk of the House |
|---|
| 45 | + | I certify that H.B. No. 1810 was passed by the Senate on May |
|---|
| 46 | + | 19, 2017, by the following vote: Yeas 31, Nays 0. |
|---|
| 47 | + | ______________________________ |
|---|
| 48 | + | Secretary of the Senate |
|---|
| 49 | + | APPROVED: _____________________ |
|---|
| 50 | + | Date |
|---|
| 51 | + | _____________________ |
|---|
| 52 | + | Governor |
|---|