Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB2228 by McCall (Relating to the creation of the offense of online sexual solicitation of a minor.), As Engrossed
The bill would amend the Penal Code by creating the offense of on-line solicitation of a minor. The bill makes communicating in a sexually explicit manner or distributing sexually explicit material to a minor over the Internet or by electronic mail or a commercial on-line service, with the intent to arouse or gratify the sexual desire of a person, a state jail felony. The bill also makes knowingly soliciting a minor to meet another person, including the actor, for the purpose of engaging in sexual contact or sexual intercourse via the Internet or by electronic mail or a commercial on-line service an offense of the third degree. The punishment for these offenses would be enhanced to 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. The bill would also amend the Code of Criminal Procedure by including on-line solicitation of a minor as a reportable conviction or adjudication under the Sex Offender Registration Program. The bill would take effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or in addition to confinement, a fine not to exceed $10,000.
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.
Establishing new offenses or increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation or longer terms of confinement in prison. In the case of this bill, the increased workload and demand for resources would probably not be substantial.