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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of child grooming. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 15, Penal Code, is amended by adding |
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Section 15.032 to read as follows: |
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Sec. 15.032. CHILD GROOMING. (a) A person commits an |
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offense if, with the intent that an offense under Chapter 43 or an |
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offense involving sexual activity, the occurrence of which would |
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subject the actor to criminal liability under Chapter 20A, 21, or |
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22, be committed, the person knowingly persuades, induces, entices, |
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or coerces, or attempts to persuade, induce, entice, or coerce, a |
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child younger than 18 years of age to engage in specific conduct |
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that, under the circumstances surrounding the actor's conduct as |
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the actor believes them to be, would: |
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(1) constitute an offense under Chapter 43 or an |
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offense involving sexual activity the occurrence of which would |
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subject the actor to criminal liability under Chapter 20A, 21, or |
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22; or |
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(2) make the child a party to the commission of an |
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offense described by Subdivision (1). |
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(b) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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the actor has previously been convicted of an offense under: |
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(1) Chapter 20A, if the offense involved conduct |
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described by Section 20A.02(a)(7) or (8); |
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(2) Section 21.02; |
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(3) Section 21.11; |
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(4) Section 22.011, if the victim of the offense was a |
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child under 18 years of age; or |
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(5) Section 22.021, if the victim of the offense was a |
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child under 18 years of age. |
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(c) It is an affirmative defense to prosecution under this |
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section that the actor is under the age of 18 and: |
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(1) the actor engaged in conduct described by |
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Subsection (a) with respect to another child under the age of 18: |
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(A) who is not more than three years older or |
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younger than the actor and with whom the actor had a dating |
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relationship at the time of the offense; or |
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(B) who was the spouse of the actor at the time of |
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the offense; and |
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(2) the conduct occurred only between the actor and |
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the other child described by Subdivision (1). |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section but not both sections. |
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SECTION 2. This Act takes effect September 1, 2023. |