LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 8, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB820 by Taylor, Van (Relating to the prosecution of the possession or promotion of child pornography.), As Introduced

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 third degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.

 

The bill's provisions broaden the definition for the offense of possession or promotion of child pornography.  This change is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities.  However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.  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.



Source Agencies:
LBB Staff:
UP, GG, JPo