The bill would amend the Penal Code by including conduct described in the offense of online solicitation of a minor in the offense of improper relationship between educator and student.  The offense of improper relationship between educator and student is punishable as a felony of the second degree.  The bill would also amend the Penal Code by including the use of text messages or other electronic message service or system in defining the offense of online solicitation of a minor.  The offense of online solicitation of a minor is punishable as either a state jail felony, felony of the third degree, or felony of the second degree depending on the type of solicitation and the age of the minor. 

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 felony of the third degree 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 felony of the second degree 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.

Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses.  In fiscal year 2006, 10 offenders were admitted to prison and less than ten offenders were released from prison for the offenses of improper relationship between educator and student or online solicitation of a minor.  In fiscal year 2005, 12 offenders were placed on felony community supervision for improper relationship between educator and student or online solicitation of a minor.  It is expected individuals who would be affected under the provisions of this bill are currently being sentenced for other, possibly lesser felony, offenses.  The probable impact of implementing the provisions of this bill cannot be determined due to the unavailability of reliable data or information related to the number of times online solicitation of a minor occurs between a educator and student or the use of text message or other electronic message service or system for conduct that would constitute online solicitation of a minor.