| 1 | 1 | | By: Crockett H.B. No. 4413 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to changing the definition of compelling prostitution to |
|---|
| 7 | 7 | | mean child sexual exploitation. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 43.05 is amended to read as follows: |
|---|
| 10 | 10 | | Sec. 43.05. COMPELLING PROSTITUTIONCHILD SEXUAL |
|---|
| 11 | 11 | | EXPLOITATION. |
|---|
| 12 | 12 | | (a) In this Section: |
|---|
| 13 | 13 | | (1) "Sexual performance by a child" has the same |
|---|
| 14 | 14 | | meaning assigned in Section 43.25 |
|---|
| 15 | 15 | | (b) A person commits an offense if the person knowingly: |
|---|
| 16 | 16 | | (1) causes another by force, threat, coercion, or |
|---|
| 17 | 17 | | fraud to commit prostitutionparticipate in sexual performance by a |
|---|
| 18 | 18 | | child; or |
|---|
| 19 | 19 | | (2) causes by any means a child younger than 18 years |
|---|
| 20 | 20 | | to commit prostitutionparticipate in sexual performance by a |
|---|
| 21 | 21 | | child, regardless of whether the actor knows the age of the child at |
|---|
| 22 | 22 | | the time of the offense. |
|---|
| 23 | 23 | | (c) An offense under this section is a felony of the first |
|---|
| 24 | 24 | | degree. |
|---|
| 25 | 25 | | (d) If conduct constituting an offense under this section |
|---|
| 26 | 26 | | also constitutes an offense under another section of this code, the |
|---|
| 27 | 27 | | actor may be prosecuted under either section or under both |
|---|
| 28 | 28 | | sections. |
|---|
| 29 | 29 | | (d) For purposes of this section, "coercion" as defined by |
|---|
| 30 | 30 | | Section 1.07 includes: |
|---|
| 31 | 31 | | (1) destroying, concealing, confiscating, or |
|---|
| 32 | 32 | | withholding from a person, or threatening to destroy, conceal, |
|---|
| 33 | 33 | | confiscate, or withhold from a person, the person's actual or |
|---|
| 34 | 34 | | purported: |
|---|
| 35 | 35 | | (A) government records; or |
|---|
| 36 | 36 | | (B) identifying information or documents; |
|---|
| 37 | 37 | | (2) causing a person, without the person's consent, to |
|---|
| 38 | 38 | | become intoxicated, as defined by Section 49.01, to a degree that |
|---|
| 39 | 39 | | impairs the person's ability to appraise the nature of the person's |
|---|
| 40 | 40 | | conduct that constitutes prostitutionsexual performance by a |
|---|
| 41 | 41 | | child; or to resist engaging in that conduct; or |
|---|
| 42 | 42 | | (3) withholding alcohol or a controlled substance to a |
|---|
| 43 | 43 | | degree that impairs the ability of a person with a chemical |
|---|
| 44 | 44 | | dependency, as defined by Section 462.001, Health and Safety Code, |
|---|
| 45 | 45 | | to appraise the nature of the person's conduct that constitutes |
|---|
| 46 | 46 | | prostitutionsexual performance by a child or to resist engaging in |
|---|
| 47 | 47 | | that conduct. |
|---|
| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|