88R2907 MEW-F
By: Hancock, Huffman S.B. No. 1562
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of child grooming.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 15, Penal Code, is amended by adding
Section 15.032 to read as follows:
Sec. 15.032. CHILD GROOMING. (a) A person commits an
offense if, with the intent that an offense under Chapter 43 or an
offense involving sexual activity, the occurrence of which would
subject the actor to criminal liability under Chapter 20A, 21, or
22, be committed, the person knowingly persuades, induces, entices,
or coerces, or attempts to persuade, induce, entice, or coerce, a
child younger than 18 years of age to engage in specific conduct
that, under the circumstances surrounding the actor's conduct as
the actor believes them to be, would:
(1) constitute an offense under Chapter 43 or an
offense involving sexual activity the occurrence of which would
subject the actor to criminal liability under Chapter 20A, 21, or
22; or
(2) make the child a party to the commission of an
offense described by Subdivision (1).
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor has previously been convicted of an offense under:
(1) Chapter 20A, if the offense involved conduct
described by Section 20A.02(a)(7) or (8);
(2) Section 21.02;
(3) Section 21.11;
(4) Section 22.011, if the victim of the offense was a
child under 18 years of age; or
(5) Section 22.021, if the victim of the offense was a
child under 18 years of age.
(c) It is an affirmative defense to prosecution under this
section that the actor is under the age of 18 and:
(1) the actor engaged in conduct described by
Subsection (a) with respect to another child under the age of 18:
(A) who is not more than three years older or
younger than the actor and with whom the actor had a dating
relationship at the time of the offense; or
(B) who was the spouse of the actor at the time of
the offense; and
(2) the conduct occurred only between the actor and
the other child described by Subdivision (1).
(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 but not both sections.
SECTION 2. This Act takes effect September 1, 2023.