86R3081 TSS-D
By: Hunter H.B. No. 3588
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalties for the offenses of
producing, directing, or promoting a sexual performance by a child
and possessing child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.25(e), Penal Code, is amended to read
as follows:
(e) An offense under Subsection (d) is a felony of the
second [third] degree, except that the offense is a felony of the
first [second] degree if the victim is younger than 14 years of age
at the time the offense is committed, regardless of whether the
actor knows the age of the victim at the time of the offense.
SECTION 2. Section 43.26(d), Penal Code, is amended to read
as follows:
(d) An offense under Subsection (a) is a felony of the
second [third] degree, except that the offense is[:
[(1) a felony of the second degree if it is shown on
the trial of the offense that the person has been previously
convicted one time of an offense under that subsection; and
[(2)] a felony of the first degree if it is shown on
the trial of the offense that the person has been previously
convicted [two or more times] of an offense under that subsection.
SECTION 3. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2019.