By: Shapiro S.B. No. 33
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the prosecution and punishment of certain offenses
1-2 involving the sexual exploitation of a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 15.031, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A
1-7 person commits an offense if, with intent that an offense listed by
1-8 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
1-9 committed, the person requests, commands, or attempts to induce a
1-10 minor to engage in specific conduct that, under the circumstances
1-11 surrounding the actor's conduct as the actor believes them to be,
1-12 would constitute an offense listed by Section 3g(a)(1), Article
1-13 42.12, or make the minor a party to the commission of an offense
1-14 listed by Section 3g(a)(1), Article 42.12.
1-15 (b) A person commits an offense if, with intent that an
1-16 offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
1-17 the person by any means requests, commands, or attempts to induce a
1-18 minor or another whom the person believes to be a minor to engage
1-19 in specific conduct that, under the circumstances surrounding the
1-20 actor's conduct as the actor believes them to be, would constitute
1-21 an offense under one of those sections or would make the minor or
1-22 other believed by the person to be a minor a party to the
1-23 commission of an offense under one of those sections.
1-24 (c) A person may not be convicted under this section on the
2-1 uncorroborated testimony of the minor allegedly solicited unless
2-2 the solicitation is made under circumstances strongly corroborative
2-3 of both the solicitation itself and the actor's intent that the
2-4 minor act on the solicitation.
2-5 (d) [(c)] It is no defense to prosecution under this section
2-6 that:
2-7 (1) the minor solicited is not criminally responsible
2-8 for the offense solicited;
2-9 (2) the minor solicited has been acquitted, has not
2-10 been prosecuted or convicted, has been convicted of a different
2-11 offense or of a different type or class of offense, or is immune
2-12 from prosecution;
2-13 (3) the actor belongs to a class of persons that by
2-14 definition of the offense solicited is legally incapable of
2-15 committing the offense in an individual capacity; or
2-16 (4) the offense solicited was actually committed.
2-17 (e) [(d)] An offense under this section is one category
2-18 lower than the solicited offense.
2-19 (f) [(e)] In this section, "minor" means an individual
2-20 younger than 17 years of age.
2-21 SECTION 2. Subdivision (2), Subsection (a), Section 43.25,
2-22 Penal Code, is amended to read as follows:
2-23 (2) "Sexual conduct" means actual or simulated sexual
2-24 intercourse, deviate sexual intercourse, sexual bestiality,
2-25 masturbation, sado-masochistic abuse, or lewd exhibition of the
2-26 genitals, the anus, or any portion of the female breast below the
3-1 top of the areola.
3-2 SECTION 3. Subsection (g), Section 43.26, Penal Code, is
3-3 amended to read as follows:
3-4 (g) An offense under Subsection (e) is a felony of the
3-5 second [third] degree.
3-6 SECTION 4. (a) The change in law made by this Act applies
3-7 only to an offense committed on or after the effective date of this
3-8 Act. For purposes of this section, an offense is committed before
3-9 the effective date of this Act if any element of the offense occurs
3-10 before that date.
3-11 (b) An offense committed before the effective date of this
3-12 Act is covered by the law in effect when the offense was committed,
3-13 and the former law is continued in effect for that purpose.
3-14 SECTION 5. This Act takes effect September 1, 1999.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.