| 1 | 1 | | 85R5907 MEW-F |
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| 2 | 2 | | By: Buckingham S.B. No. 1464 |
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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 the creation of the offense of possession or promotion |
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| 8 | 8 | | of obscene visual material depicting a child. |
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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. Subchapter B, Chapter 43, Penal Code, is amended |
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| 11 | 11 | | by adding Section 43.262 to read as follows: |
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| 12 | 12 | | Sec. 43.262. POSSESSION OR PROMOTION OF OBSCENE VISUAL |
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| 13 | 13 | | MATERIAL DEPICTING A CHILD. (a) In this section: |
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| 14 | 14 | | (1) "Promote" and "sexual conduct" have the meanings |
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| 15 | 15 | | assigned by Section 43.25. |
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| 16 | 16 | | (2) "Visual material" has the meaning assigned by |
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| 17 | 17 | | Section 43.26. |
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| 18 | 18 | | (b) A person commits an offense if the person: |
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| 19 | 19 | | (1) knowingly possesses, accesses with intent to view, |
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| 20 | 20 | | or promotes obscene visual material that depicts the lewd |
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| 21 | 21 | | exhibition of the genitals or pubic area of a child who is younger |
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| 22 | 22 | | than 18 years of age at the time the visual material was created, |
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| 23 | 23 | | and who is partially clothed or clothed in inappropriate attire, |
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| 24 | 24 | | considering the age of the child, and: |
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| 25 | 25 | | (A) the focal point of the visual material is the |
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| 26 | 26 | | child's genitalia or pubic area; |
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| 27 | 27 | | (B) the setting or pose of the child is sexually |
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| 28 | 28 | | suggestive or generally associated with sexual conduct; |
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| 29 | 29 | | (C) the child is depicted in an unnatural pose; |
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| 30 | 30 | | (D) the visual material suggests sexual coyness |
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| 31 | 31 | | or a willingness to engage in sexual conduct; or |
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| 32 | 32 | | (E) the visual material is intended or designed |
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| 33 | 33 | | to elicit a sexual response from the viewer; and |
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| 34 | 34 | | (2) knows that the material depicts the child as |
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| 35 | 35 | | described by Subdivision (1). |
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| 36 | 36 | | (c) An offense under this section is a state jail felony, |
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| 37 | 37 | | except that the offense is: |
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| 38 | 38 | | (1) a felony of the third degree if it is shown on the |
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| 39 | 39 | | trial of the offense that the person has been previously convicted |
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| 40 | 40 | | one time of an offense under this section or Section 43.26; and |
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| 41 | 41 | | (2) a felony of the second degree if it is shown on the |
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| 42 | 42 | | trial of the offense that the person has been previously convicted |
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| 43 | 43 | | two or more times of an offense under this section or Section 43.26. |
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| 44 | 44 | | (d) It is not a defense to prosecution under this section |
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| 45 | 45 | | that the depicted child consented to the creation of the visual |
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| 46 | 46 | | material. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2017. |
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