| 1 | 1 | | 88R2907 MEW-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 4509 |
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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 creating the criminal offense of child grooming. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 15, Penal Code, is amended by adding |
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| 10 | 10 | | Section 15.032 to read as follows: |
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| 11 | 11 | | Sec. 15.032. CHILD GROOMING. (a) A person commits an |
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| 12 | 12 | | offense if, with the intent that an offense under Chapter 43 or an |
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| 13 | 13 | | offense involving sexual activity, the occurrence of which would |
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| 14 | 14 | | subject the actor to criminal liability under Chapter 20A, 21, or |
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| 15 | 15 | | 22, be committed, the person knowingly persuades, induces, entices, |
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| 16 | 16 | | or coerces, or attempts to persuade, induce, entice, or coerce, a |
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| 17 | 17 | | child younger than 18 years of age to engage in specific conduct |
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| 18 | 18 | | that, under the circumstances surrounding the actor's conduct as |
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| 19 | 19 | | the actor believes them to be, would: |
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| 20 | 20 | | (1) constitute an offense under Chapter 43 or an |
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| 21 | 21 | | offense involving sexual activity the occurrence of which would |
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| 22 | 22 | | subject the actor to criminal liability under Chapter 20A, 21, or |
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| 23 | 23 | | 22; or |
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| 24 | 24 | | (2) make the child a party to the commission of an |
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| 25 | 25 | | offense described by Subdivision (1). |
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| 26 | 26 | | (b) An offense under this section is a felony of the third |
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| 27 | 27 | | degree, except that the offense is a felony of the second degree if |
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| 28 | 28 | | the actor has previously been convicted of an offense under: |
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| 29 | 29 | | (1) Chapter 20A, if the offense involved conduct |
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| 30 | 30 | | described by Section 20A.02(a)(7) or (8); |
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| 31 | 31 | | (2) Section 21.02; |
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| 32 | 32 | | (3) Section 21.11; |
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| 33 | 33 | | (4) Section 22.011, if the victim of the offense was a |
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| 34 | 34 | | child under 18 years of age; or |
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| 35 | 35 | | (5) Section 22.021, if the victim of the offense was a |
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| 36 | 36 | | child under 18 years of age. |
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| 37 | 37 | | (c) It is an affirmative defense to prosecution under this |
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| 38 | 38 | | section that the actor is under the age of 18 and: |
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| 39 | 39 | | (1) the actor engaged in conduct described by |
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| 40 | 40 | | Subsection (a) with respect to another child under the age of 18: |
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| 41 | 41 | | (A) who is not more than three years older or |
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| 42 | 42 | | younger than the actor and with whom the actor had a dating |
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| 43 | 43 | | relationship at the time of the offense; or |
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| 44 | 44 | | (B) who was the spouse of the actor at the time of |
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| 45 | 45 | | the offense; and |
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| 46 | 46 | | (2) the conduct occurred only between the actor and |
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| 47 | 47 | | the other child described by Subdivision (1). |
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| 48 | 48 | | (d) If conduct constituting an offense under this section |
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| 49 | 49 | | also constitutes an offense under another section of this code, the |
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| 50 | 50 | | actor may be prosecuted under either section but not both sections. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2023. |
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