LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
April 18, 2003

TO:
Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
HB60 by Wise (Relating to the punishment for the offense of possessing or promoting child pornography.), As Introduced

The bill would amend the Penal Code by enhancing the punishment for the offense of possession or promotion of child pornography from a felony of the third degree to a felony of the second degree if the offense involved material possessed by the actor transmitted to a computer.  The bill would also enhance the punishment for the offense of possession or promotion of child pornography from a felony of the second degree to a felony of the first degree if the offense involved material promoted by the actor with intent to promote and transmit the material by computer. 

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.

It is assumed that the additional number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.



Source Agencies:
LBB Staff:
JK, GG