The bill would amend the Code of Criminal Procedure as it relates to the prosecution and punishment of offenses related to trafficking of persons and to certain protections for victims of trafficking of persons. The provisions of the bill that relate to the punishment for felony criminal offenses are the subject of this analysis. Under the provisions of the bill, compelling the prostitution of a minor would be added to the list of offenses for which there is not statute of limitations; compelling prostitution and trafficking of persons would be added to the list of offenses not eligible for community supervision cases decided by juries and not eligible for release to parole supervision; certain prostitution and certain compelling prostitution offenses would be added to the list of offenses for which registration is required; the penalty for solicitation of a minor for sex would be enhanced to a second degree felony; the penalty for aggravated promotion of prostitution offenses involving one or more minors would be enhanced to a first degree felony; the penalty for obscenity offenses involving a minor would be enhanced to a second degree felony; and continuous sexual abuse of young children and solicitation of a minor would be added to the list of engaging in organized criminal activity offenses.

The bill would amend the Penal Code as it relates to the offense of possession or promotion of child pornography.  Under current law it is an offense for a person to knowingly or intentionally possess child pornography.  The bill adds knowingly or intentionally access with intent to view to the definition of this offense. The offense of possession or promotion of child pornography is a second or third degree felony, depending upon the circumstances.  
 
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. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.

Expanding the list of behaviors for which a penalty is applied or enhancing the punishment for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. In fiscal year 2012, 179 people were arrested, less than 30 people were placed on community supervision, and less than 10 were incarcerated in state jail or prison for the human trafficking-related offenses covered under the provisions of the bill. Additionally, in fiscal year 2012, there were 784 arrests, 304 community supervision placements, and 88 admissions to prison for the offense of possession or promotion of child pornography. In the case of the bill, it is assumed that the number of offenders convicted under this statute 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.