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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of text messages and other electronic media to |
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commit certain sexual offenses against minors or certain students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.12(a), Penal Code, is amended to read |
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as follows: |
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(a) An employee of a public or private primary or secondary |
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school commits an offense if the employee engages in: |
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(1) sexual contact, sexual intercourse, or deviate |
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sexual intercourse with a person who is enrolled in a public or |
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private primary or secondary school at which the employee works and |
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who is not the employee's spouse; or |
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(2) conduct described by Section 33.021, with a person |
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described by Subdivision (1), regardless of the age of that person. |
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SECTION 2. Sections 33.021(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) A person who is 17 years of age or older commits an |
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offense if, with the intent to arouse or gratify the sexual desire |
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of any person, the person, over the Internet, [or] by electronic |
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mail or text message or other electronic message service or system, |
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or through a commercial online service, intentionally: |
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(1) communicates in a sexually explicit manner with a |
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minor; or |
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(2) distributes sexually explicit material to a minor. |
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(c) A person commits an offense if the person, over the |
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Internet, [or] by electronic mail or text message or other |
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electronic message service or system, or through a commercial |
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online service, knowingly solicits a minor to meet another person, |
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including the actor, with the intent that the minor will engage in |
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sexual contact, sexual intercourse, or deviate sexual intercourse |
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with the actor or another person. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |