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.