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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the possession or promotion of child |
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pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.26(a) and (h), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if: |
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(1) the person knowingly or intentionally possesses, |
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or knowingly or intentionally accesses with intent to view, visual |
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material that visually depicts a child younger than 18 years of age |
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at the time the image of the child was made who is engaging in sexual |
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conduct; and |
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(2) the person knows that the material depicts the |
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child as described by Subdivision (1). |
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(h) It is a defense to prosecution under Subsection (a) or |
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(e) that the actor is a law enforcement officer or a school |
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administrator who: |
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(1) possessed or accessed the visual material in good |
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faith solely as a result of an allegation of a violation of Section |
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43.261; |
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(2) allowed other law enforcement or school |
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administrative personnel to possess or access the material only as |
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appropriate based on the allegation described by Subdivision (1); |
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and |
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(3) took reasonable steps to destroy the material |
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within an appropriate period following the allegation described by |
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Subdivision (1). |
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SECTION 2. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |