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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of possession or promotion |
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of certain visual material depicting a minor and to certain |
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educational programs concerning the prevention and awareness of |
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that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.261 to read as follows: |
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Sec. 43.261. POSSESSION OR PROMOTION OF CERTAIN VISUAL |
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MATERIAL DEPICTING MINOR. (a) In this section: |
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(1) "Dating relationship" has the meaning assigned by |
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Section 71.0021, Family Code. |
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(2) "Minor" means a person 14 years of age or older and |
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younger than 18 years of age. |
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(3) "Produce" with respect to visual material includes |
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any conduct that directly contributes to the creation or |
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manufacture of the material. |
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(4) "Promote" has the meaning assigned by Section |
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43.25. |
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(5) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(6) "Visual material" has the meaning assigned by |
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Section 43.26. |
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(b) A person who is a minor commits an offense if the person |
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intentionally or knowingly: |
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(1) possesses visual material depicting another minor |
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engaging in sexual conduct, if the actor produced the visual |
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material; or |
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(2) promotes to another minor visual material |
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depicting a minor, including the actor, who is engaging in sexual |
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conduct. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (b)(1) or (2) that, at the time of the offense, the |
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defendant is: |
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(1) the spouse of the minor depicted in the visual |
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material; |
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(2) the minor depicted in the visual material, if the |
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visual material is promoted or received only to or from a minor who |
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is the defendant's spouse; or |
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(3) not a person who had a reportable conviction or |
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adjudication, as defined by Chapter 62, Code of Criminal Procedure, |
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for any offense and: |
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(A) not more than three years older or younger |
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than, and involved in a current dating relationship with, the minor |
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depicted in the visual material; or |
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(B) the minor depicted in the visual material and |
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not more than three years older or younger than, and involved in a |
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current dating relationship with, the minor to or from whom the |
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visual material was promoted or received. |
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(d) An offense under this section is a Class B misdemeanor. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the |
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defendant may be prosecuted under this section, the other law, or |
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both. |
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(f) An offense under this section is not a lesser included |
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offense of an offense under Section 43.24 or 43.26. |
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SECTION 2. The heading to Article 38.45, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 38.45. CERTAIN VISUAL MATERIAL DEPICTING SEXUAL |
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CONDUCT BY [EVIDENCE THAT CONSTITUTES] CHILD OR MINOR |
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[PORNOGRAPHY]. |
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SECTION 3. Article 38.45(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) During the course of a criminal hearing or proceeding, |
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the court may not make available or allow to be made available for |
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copying or dissemination to the public property or material that: |
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(1) constitutes child pornography, as described by |
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Section 43.26(a)(1), Penal Code; or |
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(2) the possession or promotion of which is prohibited |
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under Section 43.261, Penal Code. |
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SECTION 4. The heading to Article 39.15, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 39.15. DISCOVERY OF CERTAIN VISUAL MATERIAL DEPICTING |
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SEXUAL CONDUCT BY [EVIDENCE THAT CONSTITUTES] CHILD OR MINOR |
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[PORNOGRAPHY]. |
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SECTION 5. Article 39.15(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) In the manner provided by this article, a court shall |
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allow discovery under Article 39.14 of property or material: |
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(1) that constitutes child pornography, as described |
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by Section 43.26(a)(1), Penal Code; or |
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(2) the possession or promotion of which is prohibited |
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under Section 43.261, Penal Code. |
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SECTION 6. Article 42.12, Code of Criminal Procedure, is |
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amended by adding Section 13H to read as follows: |
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Sec. 13H. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR |
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POSSESSION OR PROMOTION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR. |
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If a court grants community supervision to a defendant who is |
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convicted of or charged with an offense under Section 43.261, Penal |
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Code, the court may require as a condition of community supervision |
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that the defendant attend and successfully complete an educational |
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program described by Section 37.218, Education Code, or another |
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equivalent educational program. |
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SECTION 7. Section 51.03(b), Family Code, is amended to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the absence of a child on 10 or more days or parts |
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of days within a six-month period in the same school year or on |
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three or more days or parts of days within a four-week period from |
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school; |
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(3) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(4) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(5) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; [or] |
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(6) conduct that violates a reasonable and lawful |
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order of a court entered under Section 264.305; or |
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(7) conduct that violates Section 43.261, Penal Code. |
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SECTION 8. Chapter 54, Family Code, is amended by adding |
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Section 54.0404 to read as follows: |
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Sec. 54.0404. POSSESSION OR PROMOTION OF CERTAIN VISUAL |
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MATERIAL DEPICTING MINOR: EDUCATIONAL PROGRAMS. (a) If a child is |
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found to have engaged in conduct indicating a need for supervision |
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described by Section 51.03(b)(7), the juvenile court may enter an |
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order requiring the child to attend and successfully complete an |
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educational program described by Section 37.218, Education Code, or |
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another equivalent educational program. |
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(b) A juvenile court that enters an order under Subsection |
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(a) shall require the child or the child's parent or other person |
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responsible for the child's support to pay the cost of attending an |
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educational program under Subsection (a) if the court determines |
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that the child, parent, or other person is financially able to make |
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payment. |
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SECTION 9. Section 59.004(a), Family Code, is amended to |
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read as follows: |
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(a) For a child at sanction level one, the juvenile court or |
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probation department may: |
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(1) require counseling for the child regarding the |
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child's conduct; |
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(2) inform the child of the progressive sanctions that |
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may be imposed on the child if the child continues to engage in |
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delinquent conduct or conduct indicating a need for supervision; |
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(3) inform the child's parents or guardians of the |
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parents' or guardians' responsibility to impose reasonable |
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restrictions on the child to prevent the conduct from recurring; |
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(4) provide information or other assistance to the |
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child or the child's parents or guardians in securing needed social |
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services; |
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(5) require the child or the child's parents or |
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guardians to participate in a program for services under Section |
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264.302, if a program under Section 264.302 is available to the |
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child or the child's parents or guardians; |
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(6) refer the child to a community-based citizen |
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intervention program approved by the juvenile court; [and] |
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(7) release the child to the child's parents or |
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guardians; and |
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(8) require the child to attend and successfully |
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complete an educational program described by Section 37.218, |
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Education Code, or another equivalent educational program. |
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SECTION 10. Subchapter G, Chapter 37, Education Code, is |
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amended by adding Section 37.218 to read as follows: |
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Sec. 37.218. PROGRAMS ON DANGERS OF STUDENTS SHARING VISUAL |
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MATERIAL DEPICTING MINOR ENGAGED IN SEXUAL CONDUCT. (a) In this |
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section: |
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(1) "Bullying" has the meaning assigned by Section |
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25.0342. |
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(2) "Cyberbullying" means the use of any electronic |
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communication device to engage in bullying or intimidation. |
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(3) "Harassment" has the meaning assigned by Section |
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37.001. |
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(4) "Sexual conduct" has the meaning assigned by |
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Section 43.25, Penal Code. |
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(b) The center, in consultation with the office of the |
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attorney general, shall develop programs for use by school |
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districts that address: |
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(1) the possible legal consequences, including |
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criminal penalties, of sharing visual material depicting a minor |
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engaged in sexual conduct; |
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(2) other possible consequences of sharing visual |
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material depicting a minor engaged in sexual conduct, including: |
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(A) negative effects on relationships; |
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(B) loss of educational and employment |
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opportunities; and |
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(C) possible removal, if applicable, from |
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certain school programs or extracurricular activities; |
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(3) the unique characteristics of the Internet and |
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other communications networks that could affect visual material |
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depicting a minor engaged in sexual conduct, including: |
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(A) search and replication capabilities; and |
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(B) a potentially worldwide audience; |
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(4) the prevention of, identification of, responses |
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to, and reporting of incidents of bullying; and |
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(5) the connection between bullying, cyberbullying, |
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harassment, and a minor sharing visual material depicting a minor |
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engaged in sexual conduct. |
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(c) Each school district shall annually provide or make |
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available information on the programs developed under Subsection |
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(b) to parents and students in a grade level the district considers |
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appropriate. Each district shall provide or make available the |
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information by any means the district considers appropriate. |
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SECTION 11. (a) Not later than January 1, 2012, the Texas |
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School Safety Center shall develop the programs required under |
|
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Section 37.218(b), Education Code, as added by this Act. |
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(b) Section 37.218(c), Education Code, as added by this Act, |
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applies beginning with the 2012-2013 school year. |
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SECTION 12. This Act takes effect September 1, 2011. |