79R172 KCR-F
By: McCall H.B. No. 2228
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of on-line sexual
solicitation of a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Penal Code, is amended by adding
Section 33.021, Penal Code, to read as follows:
Sec. 33.021. ON-LINE SOLICITATION OF A MINOR. (a) In this
section:
(1) "Minor" means:
(A) an individual who is younger than 17 years of
age; or
(B) an individual who the actor believes to be
younger than 17 years of age.
(2) "Sexual contact," "sexual intercourse," and
"deviate sexual intercourse" have the meanings assigned by Section
21.01.
(b) A person commits an offense if, with the intent to
arouse or gratify the sexual desire of any person, the person, over
the Internet or by electronic mail or a commercial on-line service,
intentionally:
(1) communicates with a minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the
Internet or by electronic mail or a commercial on-line service,
knowingly solicits a minor to meet another person, including the
actor, for the purpose of engaging in sexual contact, sexual
intercourse, or deviate sexual intercourse.
(d) It is not a defense to prosecution under Subsection (c)
that:
(1) the meeting did not occur; or
(2) the actor did not intend for the meeting to occur.
(e) It is a defense to prosecution under this section that
at the time conduct described by Subsection (b) or (c) was
committed:
(1) the actor was married to the minor; or
(2) the actor was not more than two years older than
the minor and the minor consented to the conduct.
(f) An offense under Subsection (b) is a state jail felony,
and an offense under Subsection (c) is a felony of the third degree,
except that an offense under Subsection (b) or (c) is a felony of
the second degree if the minor is younger than 14 years of age or is
an individual who the actor believes to be younger than 14 years of
age.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 2. This Act takes effect September 1, 2005.