Texas 2025 - 89th Regular

Texas House Bill HB1668 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5321 JCG-F
2	2	By: Gerdes H.B. No. 1668
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to increasing the criminal penalty for the offense of
10	10	enticing a child and to the applicability of sex offender
11	11	registration requirements to that offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 25.04, Penal Code, is amended by
14	14	amending Subsection (b) and adding Subsection (c) to read as
15	15	follows:
16	16	(b) Except as provided by Subsection (c), an [An] offense
17	17	under this section is a [Class B misdemeanor, unless it is shown on
18	18	the trial of the offense that the actor intended to commit a felony
19	19	against the child, in which event an offense under this section is
20	20	a] felony of the third degree.
21	21	(c) An offense under this section is a felony of the second
22	22	degree if it is shown on the trial of the offense that the actor
23	23	intended to violate or abuse the child sexually.
24	24	SECTION 2. Articles 62.001(5) and (6), Code of Criminal
25	25	Procedure, are amended to read as follows:
26	26	(5) "Reportable conviction or adjudication" means a
27	27	conviction or adjudication, including an adjudication of
28	28	delinquent conduct or a deferred adjudication, that, regardless of
29	29	the pendency of an appeal, is a conviction for or an adjudication
30	30	for or based on:
31	31	(A) a violation of Section 21.02 (Continuous
32	32	sexual abuse of young child or disabled individual), 21.09
33	33	(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
34	34	assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
35	35	sexual conduct), Penal Code;
36	36	(B) a violation of Section 43.04 (Aggravated
37	37	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
38	38	(Sexual performance by a child), or 43.26 (Possession or promotion
39	39	of child pornography), Penal Code;
40	40	(B-1) a violation of Section 43.021
41	41	(Solicitation of Prostitution), Penal Code, if the offense is
42	42	punishable as a felony of the second degree;
43	43	(C) a violation of Section 20.04(a)(4)
44	44	(Aggravated kidnapping), Penal Code, if the actor committed the
45	45	offense or engaged in the conduct with intent to violate or abuse
46	46	the victim sexually;
47	47	(D) a violation of Section 30.02 (Burglary),
48	48	Penal Code, if the offense or conduct is punishable under
49	49	Subsection (d) of that section and the actor committed the offense
50	50	or engaged in the conduct with intent to commit a felony listed in
51	51	Paragraph (A) or (C);
52	52	(E) a violation of Section 20.02 (Unlawful
53	53	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
54	54	Penal Code, if, as applicable:
55	55	(i) the judgment in the case contains an
56	56	affirmative finding under Article 42.015; or
57	57	(ii) the order in the hearing or the papers
58	58	in the case contain an affirmative finding that the victim or
59	59	intended victim was younger than 17 years of age;
60	60	(F) the second violation of Section 21.08
61	61	(Indecent exposure), Penal Code, but not if the second violation
62	62	results in a deferred adjudication;
63	63	(G) an attempt, conspiracy, or solicitation, as
64	64	defined by Chapter 15, Penal Code, to commit an offense or engage in
65	65	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), [or] (L),
66	66	or (M);
67	67	(H) a violation of the laws of another state,
68	68	federal law, the laws of a foreign country, or the Uniform Code of
69	69	Military Justice for or based on the violation of an offense
70	70	containing elements that are substantially similar to the elements
71	71	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
72	72	(G), (J), (K), [or] (L), or (M), but not if the violation results in
73	73	a deferred adjudication;
74	74	(I) the second violation of the laws of another
75	75	state, federal law, the laws of a foreign country, or the Uniform
76	76	Code of Military Justice for or based on the violation of an offense
77	77	containing elements that are substantially similar to the elements
78	78	of the offense of indecent exposure, but not if the second violation
79	79	results in a deferred adjudication;
80	80	(J) a violation of Section 33.021 (Online
81	81	solicitation of a minor), Penal Code;
82	82	(K) a violation of Section 20A.02(a)(3), (4),
83	83	(7), or (8) (Trafficking of persons), Penal Code; [or]
84	84	(L) a violation of Section 20A.03 (Continuous
85	85	trafficking of persons), Penal Code, if the offense is based partly
86	86	or wholly on conduct that constitutes an offense under Section
87	87	20A.02(a)(3), (4), (7), or (8) of that code; or
88	88	(M) a violation of Section 25.04 (Enticing a
89	89	child), Penal Code, if the offense or conduct is punishable under
90	90	Subsection (c) of that section.
91	91	(6) "Sexually violent offense" means any of the
92	92	following offenses committed by a person 17 years of age or older:
93	93	(A) an offense under Section 21.02 (Continuous
94	94	sexual abuse of young child or disabled individual), 21.11(a)(1)
95	95	(Indecency with a child), 22.011 (Sexual assault), or 22.021
96	96	(Aggravated sexual assault), Penal Code;
97	97	(B) an offense under Section 43.25 (Sexual
98	98	performance by a child), Penal Code;
99	99	(C) an offense under Section 20.04(a)(4)
100	100	(Aggravated kidnapping), Penal Code, if the defendant committed the
101	101	offense with intent to violate or abuse the victim sexually;
102	102	(D) an offense under Section 30.02 (Burglary),
103	103	Penal Code, if the offense is punishable under Subsection (d) of
104	104	that section and the defendant committed the offense with intent to
105	105	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
106	106	[or]
107	107	(E) an offense under Section 25.04 (Enticing a
108	108	child), Penal Code, if the offense is punishable under Subsection
109	109	(c) of that section; or
110	110	(F) an offense under the laws of another state,
111	111	federal law, the laws of a foreign country, or the Uniform Code of
112	112	Military Justice if the offense contains elements that are
113	113	substantially similar to the elements of an offense listed under
114	114	Paragraph (A), (B), (C), [or] (D), or (E).
115	115	SECTION 3. Section 411.1471(a), Government Code, is amended
116	116	to read as follows:
117	117	(a) This section applies to a defendant who is:
118	118	(1) arrested for any offense punishable as a felony;
119	119	or
120	120	(2) convicted of an offense:
121	121	(A) under Title 5, Penal Code, that is punishable
122	122	as a Class A misdemeanor, except for an offense punishable as a
123	123	Class A misdemeanor under Section 22.05, Penal Code; or
124	124	(B) punishable as a Class A or B misdemeanor, as
125	125	applicable, under Section 21.08[, 25.04,] or 43.24, Penal Code.
126	126	SECTION 4. The changes in law made by this Act apply only to
127	127	an offense committed on or after the effective date of this Act. An
128	128	offense committed before the effective date of this Act is governed
129	129	by the law in effect on the date the offense was committed, and the
130	130	former law is continued in effect for that purpose. For purposes of
131	131	this section, an offense was committed before the effective date of
132	132	this Act if any element of the offense occurred before that date.
133	133	SECTION 5. This Act takes effect September 1, 2025.