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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 commercial sexual |
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exploitation of a child. |
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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 43.262 to read as follows: |
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Sec. 43.262. COMMERCIAL SEXUAL EXPLOITATION OF A CHILD. |
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(a) In this section, "sexual conduct" has the meaning assigned by |
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Section 43.01. |
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(b) A person commits an offense if the person knowingly |
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purchases advertising space for an advertisement, or places an |
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advertisement, in any medium that: |
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(1) solicits another to engage in sexual conduct with |
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a person, including the actor, for compensation; and |
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(2) visually depicts a child younger than 18 years of |
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age at the time the image of the child was made. |
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(c) It is not a defense to prosecution under this section |
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that the actor: |
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(1) did not know the age of the person depicted; |
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(2) relied on an oral or written representation |
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regarding the age of the person depicted; or |
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(3) relied on the apparent age of the person depicted. |
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(d) It is an affirmative defense to prosecution under this |
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section that before purchasing the advertising space or placing the |
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advertisement: |
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(1) the actor made a reasonable attempt to verify the |
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age of the person depicted in the advertisement by requiring the |
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person to produce a marriage license, birth certificate, or |
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government-issued or school-issued identification card that |
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identifies the person's age; |
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(2) the documentation identified the person as being |
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18 years of age or older; and |
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(3) the actor retained a copy of the documentation. |
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(e) An offense under this section is a felony of the third |
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degree. |
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(f) 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 both sections. |
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SECTION 2. Article 62.001(5), Code of Criminal Procedure, |
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is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.11 (Indecency with a |
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child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), |
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(J), or (K), but not if the violation results in a deferred |
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adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code; [or] |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code; or |
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(L) a violation of Section 43.262 (Commercial |
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sexual exploitation of a child), Penal Code. |
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SECTION 3. This Act takes effect September 1, 2013. |