By: Wise H.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of possessing or
promoting child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 43.26(d) and (g), Penal Code, are
amended to read as follows:
(d) An offense under Subsection (a) is a felony of the third
degree, unless the visual material possessed by the actor is an
image transmitted to a computer by telephone line, cable, satellite
transmission, or other method, in which event the offense is a
felony of the second degree.
(g) An offense under Subsection (e) is a felony of the
second degree, unless the visual material promoted by the actor or
possessed by the actor with intent to promote is an image
transmitted to a computer by telephone line, cable, satellite
transmission, or other method, in which event the offense is a
felony of the first degree.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.