By: Crockett H.B. No. 4413
A BILL TO BE ENTITLED
AN ACT
relating to changing the definition of compelling prostitution to
mean child sexual exploitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.05 is amended to read as follows:
Sec. 43.05. COMPELLING PROSTITUTIONCHILD SEXUAL
EXPLOITATION.
(a) In this Section:
(1) "Sexual performance by a child" has the same
meaning assigned in Section 43.25
(b) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or
fraud to commit prostitutionparticipate in sexual performance by a
child; or
(2) causes by any means a child younger than 18 years
to commit prostitutionparticipate in sexual performance by a
child, regardless of whether the actor knows the age of the child at
the time of the offense.
(c) An offense under this section is a felony of the first
degree.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
(d) For purposes of this section, "coercion" as defined by
Section 1.07 includes:
(1) destroying, concealing, confiscating, or
withholding from a person, or threatening to destroy, conceal,
confiscate, or withhold from a person, the person's actual or
purported:
(A) government records; or
(B) identifying information or documents;
(2) causing a person, without the person's consent, to
become intoxicated, as defined by Section 49.01, to a degree that
impairs the person's ability to appraise the nature of the person's
conduct that constitutes prostitutionsexual performance by a
child; or to resist engaging in that conduct; or
(3) withholding alcohol or a controlled substance to a
degree that impairs the ability of a person with a chemical
dependency, as defined by Section 462.001, Health and Safety Code,
to appraise the nature of the person's conduct that constitutes
prostitutionsexual performance by a child or to resist engaging in
that conduct.
SECTION 2. This Act takes effect September 1, 2021.