Texas Senate Bill SB129

Texas 2023 - 88th Regular

• Filed: 11/14/22
• Out of Senate Committee: 3/30/23
• Voted on by Senate: 4/20/23
• Out of House Committee: 5/16/23
• Voted on by House: 5/22/23
• Governor Action: 6/18/23

Caption

Relating to the prosecution and punishment for possession or promotion of child pornography; increasing criminal penalties.

Impact

The legislation enhances existing statutes significantly; individuals in possession of fewer than 100 illegal images face third-degree felony charges, while having between 100 to 499 images escalates the offense to second-degree felony. Possession of 500 or more images constitutes a first-degree felony, which carries a minimum sentence of 25 years. Moreover, if the perpetrator has a prior conviction or if the content involves a child under the age of 10, the penalties are further augmented. This transformation aims to reflect the real-world consequences of such offenses and to ensure stricter punishment for those exploiting children.

Summary

Senate Bill 129 (SB129) focuses on the prosecution and punishment related to the possession and promotion of child pornography. This bill, sponsored by Representative Springer, aims to increase criminal penalties for offenders and create a tier-based penalty system that responds to the severity of the crimes. It modernizes Texas law to address the increasing challenges posed by internet-facilitated child sexual exploitation, with specific provisions outlining harsher penalties for offenders who possess a significant number of explicit images or those in position of care for the child during the offense.

Sentiment

The sentiment surrounding SB129 appears overwhelmingly positive among legislators, evidenced by the unanimous support reflected in the final passage votes—144 in favor and none against. The general consensus highlights the urgency and necessity of enhancing child protection measures in the face of evolving threats, especially those posed by technology. Advocates argue this bill is vital for safeguarding children from exploitation and for deterring would-be offenders through tougher sanctions.

Contention

While the majority opinion favors the bill, discussions included concerns regarding the balance of punitive measures and the necessity of rehabilitation for offenders. Critics argue that the focus should not only be on incarceration but also on preventive educational programs to combat child exploitation. However, these concerns have not significantly hindered the momentum for the bill, as the pressing need to address child safety in the digital age remains a crucial point of advocacy.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 12. Limitation
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 43. Public Indecency
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: 26

• Chapter 3. Multiple Prosecutions
  • Section: 03