Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
SB757 by Deuell (Relating to certain defenses to prosecution for the offense of sale, distribution, or display of harmful material to a minor.), As Introduced
The bill would amend the Penal Code to remove the sale, distribution, or exhibition of harmful material to a minor by a consenting parent or guardian as a defense to the prosecution. The bill also would allow a defense to prosecution if the actor was the spouse of the minor at the time of the offense. At present, the sale, distribution, or display of harmful material to a minor is a felony of the third degree if the person hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing the prohibited act; otherwise the offense is a Class A misdemeanor.
A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
The impact of the bill on correctional populations would depend on how many persons would be prosecuted under the proposed statute compared to existing statute. In fiscal year 2010, approximately 51 individuals were arrested; and of those arrested less than 5 were admitted to prison, or placed on misdemeanor or felony community supervision for the offense of sale, distribution, or display of harmful material to a minor. For this analysis, it is assumed the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.