| 1 | 1 | | 89R8406 JCG-D |
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| 2 | 2 | | By: Hickland H.B. No. 2444 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of the criminal offense of harmful |
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| 10 | 10 | | communication to a minor. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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| 13 | 13 | | by adding Section 43.245 to read as follows: |
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| 14 | 14 | | Sec. 43.245. HARMFUL COMMUNICATION TO MINOR. (a) In this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) "Communication" means any verbal or written |
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| 17 | 17 | | communication. |
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| 18 | 18 | | (2) "Minor" means an individual younger than 18 years |
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| 19 | 19 | | of age. |
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| 20 | 20 | | (3) "Sexual conduct" has the meaning assigned by |
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| 21 | 21 | | Section 43.25. |
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| 22 | 22 | | (4) "Sexual excitement" means male or female human |
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| 23 | 23 | | genitals in a state of sexual stimulation or arousal. |
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| 24 | 24 | | (b) A person who is 18 years of age or older commits an |
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| 25 | 25 | | offense if: |
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| 26 | 26 | | (1) the person communicates to a minor explicit and |
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| 27 | 27 | | detailed descriptions or narrative accounts of sexual conduct, |
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| 28 | 28 | | sexual excitement, physical torture, or brutality; |
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| 29 | 29 | | (2) the person knows or reasonably should know that |
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| 30 | 30 | | the individual to whom the communication is made is a minor; and |
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| 31 | 31 | | (3) the communication is harmful to minors. |
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| 32 | 32 | | (c) For purposes of Subsection (b)(3), a communication is |
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| 33 | 33 | | harmful to minors if the dominant theme of the communication taken |
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| 34 | 34 | | as a whole: |
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| 35 | 35 | | (1) appeals to the prurient interest of a minor, in |
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| 36 | 36 | | sex, nudity, or excretion; |
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| 37 | 37 | | (2) is patently offensive to prevailing standards in |
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| 38 | 38 | | the adult community as a whole with respect to what is suitable for |
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| 39 | 39 | | minors; and |
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| 40 | 40 | | (3) is utterly without redeeming social value for |
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| 41 | 41 | | minors. |
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| 42 | 42 | | (d) The affirmative defenses provided by Section 22.011(e) |
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| 43 | 43 | | also apply to a prosecution under this section. |
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| 44 | 44 | | (e) An offense under this section is a Class A misdemeanor. |
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| 45 | 45 | | (f) If conduct that constitutes an offense under this |
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| 46 | 46 | | section also constitutes an offense under any other law, the actor |
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| 47 | 47 | | may be prosecuted under this section, the other law, or both. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2025. |
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