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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the offense of contributing to the delinquency |
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of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.042 to read as follows: |
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Sec. 22.042. CONTRIBUTING TO DELINQUENCY OF A CHILD. (a) A |
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person commits an offense if the person is 17 years of age or older |
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and intentionally, knowingly, or recklessly causes or encourages a |
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child to: |
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(1) engage in specific conduct that, under the |
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circumstances surrounding the actor's conduct, would cause the |
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child to be present during the commission of an offense under |
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another section of this code; or |
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(2) enter or remain in a place where: |
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(A) a controlled substance, a controlled |
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substance analogue, drug paraphernalia, or marijuana, as defined by |
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Chapter 481, Health and Safety Code, is used, possessed, |
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manufactured, or distributed; or |
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(B) prostitution is practiced. |
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(b) In this section, "child" means any person younger than |
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17 years of age. |
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(c) An offense under this section is a felony of the third |
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degree if the actor commits the offense intentionally or knowingly. |
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If the actor commits the offense recklessly, the offense is a Class |
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A misdemeanor. |
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(d) It is not a defense to prosecution under this section |
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that the actor did not know that the victim was a child. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 2. This Act takes effect September 1, 2009. |