| 1 | 1 | | 85R5909 JRR-D |
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| 2 | 2 | | By: Dale, Capriglione, Burkett H.B. No. 2974 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain sexual offenses; creating a criminal offense; |
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| 8 | 8 | | increasing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.16(g), Penal Code, as added by |
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| 11 | 11 | | Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular |
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| 12 | 12 | | Session, 2015, is amended to read as follows: |
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| 13 | 13 | | (g) An offense under this section is a state jail felony |
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| 14 | 14 | | [Class A misdemeanor]. |
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| 15 | 15 | | SECTION 2. Chapter 21, Penal Code, is amended by adding |
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| 16 | 16 | | Section 21.18 to read as follows: |
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| 17 | 17 | | Sec. 21.18. SEXUAL COERCION. (a) In this section: |
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| 18 | 18 | | (1) "Intimate visual material" means the visual |
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| 19 | 19 | | material described by Section 21.16(b)(1) or (c), as added by |
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| 20 | 20 | | Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular |
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| 21 | 21 | | Session, 2015. |
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| 22 | 22 | | (2) "Sexual conduct" has the meaning assigned by |
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| 23 | 23 | | Section 43.25. |
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| 24 | 24 | | (b) A person commits an offense if the person intentionally |
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| 25 | 25 | | threatens, including by coercion or extortion, to commit an offense |
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| 26 | 26 | | under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, |
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| 27 | 27 | | 21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B. |
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| 28 | 28 | | 1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16, |
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| 29 | 29 | | as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature, |
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| 30 | 30 | | Regular Session, 2015, 22.011, or 22.021 to obtain, in return for |
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| 31 | 31 | | not committing the threatened offense or in connection with the |
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| 32 | 32 | | threatened offense, any of the following benefits: |
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| 33 | 33 | | (1) intimate visual material; |
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| 34 | 34 | | (2) an act involving sexual conduct causing arousal or |
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| 35 | 35 | | gratification; or |
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| 36 | 36 | | (3) a monetary benefit or other benefit of value. |
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| 37 | 37 | | (c) A person commits an offense if the person intentionally |
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| 38 | 38 | | threatens, including by coercion or extortion, to commit an offense |
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| 39 | 39 | | under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to |
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| 40 | 40 | | obtain, in return for not committing the threatened offense or in |
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| 41 | 41 | | connection with the threatened offense, either of the following |
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| 42 | 42 | | benefits: |
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| 43 | 43 | | (1) intimate visual material; or |
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| 44 | 44 | | (2) an act involving sexual conduct causing arousal or |
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| 45 | 45 | | gratification. |
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| 46 | 46 | | (d) This section applies to a threat regardless of how that |
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| 47 | 47 | | threat is communicated, including a threat transmitted through |
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| 48 | 48 | | e-mail or an Internet website, social media account, or chat room |
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| 49 | 49 | | and a threat made by other electronic or technological means. |
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| 50 | 50 | | (e) An offense under this section is a state jail felony, |
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| 51 | 51 | | except that the offense is a felony of the third degree if it is |
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| 52 | 52 | | shown on the trial of the offense that the defendant has previously |
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| 53 | 53 | | been convicted of an offense under this section. |
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| 54 | 54 | | SECTION 3. The change in law made by this Act applies only |
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| 55 | 55 | | to an offense committed on or after the effective date of this Act. |
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| 56 | 56 | | An offense committed before the effective date of this Act is |
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| 57 | 57 | | governed by the law in effect on the date the offense was committed, |
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| 58 | 58 | | and the former law is continued in effect for that purpose. For |
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| 59 | 59 | | purposes of this section, an offense was committed before the |
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| 60 | 60 | | effective date of this Act if any element of the offense was |
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| 61 | 61 | | committed before that date. |
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| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2017. |
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