The bill would amend the Penal Code and Code of Criminal Procedure as they relates to the creation of the offense of commercial sexual exploitation of a child.  The provisions of the bill that are the subject of this analysis relate to the incarceration or placement onto community supervision for criminal offenses. Under the provisions of the bill, knowingly purchasing advertising space for an advertisement, or placing an advertisement, in any medium that: solicits another to engage in sexual conduct with a person, including the actor, for compensation; and visually depicts a child younger than 18 years of age at the time the image of the child was made would be punishable as a third degree felony.

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.

Creating an offense is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on county and/or state correctional resources. The state is responsible for confining convicted felony offenders and supervising them when released to parole. With funding support from the state, local probation departments are responsible for supervising convicted felony offenders under community supervision. However, it is assumed the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.