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SECTION 1. Section 43.02,
Penal Code, is amended by amending Subsections (a), (b), (c), and (d) and
adding Subsection (c-1) to read as follows:
(a) A person commits an
offense if, in return for receipt of a fee by
the actor or another, the person knowingly:
(1) offers to engage, agrees
to engage, or engages in sexual conduct [for a fee]; or
(2) solicits another in a
public place to engage with the actor [person] in sexual
conduct for hire.
(b) A person commits an
offense if, based on the payment of a fee by the actor or another, the
person knowingly:
(1) offers to engage,
agrees to engage, or engages in sexual conduct; or
(2) solicits another in a
public place to engage with the actor in sexual conduct for hire
[An
offense is established under Subsection (a)(1) whether the actor is to
receive or pay a fee. An offense is established under Subsection (a)(2)
whether the actor solicits a person to hire the actor or
offers to hire the person solicited].
(c) An offense under Subsection
(a) [this section] is a Class B misdemeanor, except that the
offense is:
(1) a Class A misdemeanor if
the actor has previously been convicted one or two times of an offense
under Subsection (a) [this section]; or
(2) a state jail felony if
the actor has previously been convicted three or more times of an offense
under Subsection (a).
(c-1) An offense under
Subsection (b) is a Class A misdemeanor, except that the offense is:
(1) a state jail felony
if the actor has previously been convicted one or two times of an offense
under Subsection (b);
(2) a felony of the third
degree if the actor has previously been convicted three or more times of an
offense under Subsection (b) [this section]; or
(3) a felony of the second
degree if the person solicited is younger than 18 years of age, regardless
of whether the actor knows the age of the person solicited at the time the
actor commits the offense.
(d) It is a defense to
prosecution for an offense under Subsection (a) [under this
section] that the actor engaged in the conduct that constitutes the
offense because the actor was the victim of conduct that constitutes an
offense under Section 20A.02.
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SECTION 1. Section 43.02,
Penal Code, is amended by amending Subsections (a), (b), (c), and (d) and
adding Subsections (b-1) and (c-1) to read as follows:
(a) A person commits an
offense if, in return for receipt of a fee, the person knowingly:
(1) offers to engage, agrees
to engage, or engages in sexual conduct [for a fee]; or
(2) solicits another in a
public place to engage with the actor [person] in sexual
conduct for hire.
(b) A person commits an
offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person
knowingly:
(1) offers to engage,
agrees to engage, or engages in sexual conduct; or
(2) solicits another in a
public place to engage with the actor in sexual conduct for hire.
(b-1) An offense is established under Subsection (a)
regardless of [(a)(1)] whether the actor is offered or
actually receives the [is to receive or pay a] fee. An offense
is established under Subsection (b) regardless of [(a)(2)]
whether the actor or another person on behalf of the actor offers or
actually pays the fee [solicits a person to hire the actor or
offers to hire the person solicited].
(c) An offense under Subsection
(a) [this section] is a Class B misdemeanor, except that the
offense is:
(1) a Class A misdemeanor if
the actor has previously been convicted one or two times of an offense
under Subsection (a) [this section]; or
(2) a state jail felony if
the actor has previously been convicted three or more times of an offense
under Subsection (a).
(c-1) An offense under
Subsection (b) is a Class A misdemeanor, except that the offense is:
(1) a state jail felony
if the actor has previously been convicted one or two times of an offense
under Subsection (b);
(2) a felony of the third
degree if the actor has previously been convicted three or more times of an
offense under Subsection (b) [this section]; or
(3) a felony of the second
degree if the person solicited is younger than 18 years of age, regardless
of whether the actor knows the age of the person solicited at the time the
actor commits the offense.
(d) It is a defense to
prosecution for an offense under Subsection (a) [under this
section] that the actor engaged in the conduct that constitutes the
offense because the actor was the victim of conduct that constitutes an
offense under Section 20A.02 or 43.05.
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SECTION 3. Section 261.001(1),
Family Code, is amended to read as follows:
(1) "Abuse"
includes the following acts or omissions by a person:
(A) mental or emotional
injury to a child that results in an observable and material impairment in
the child's growth, development, or psychological functioning;
(B) causing or permitting
the child to be in a situation in which the child sustains a mental or
emotional injury that results in an observable and material impairment in
the child's growth, development, or psychological functioning;
(C) physical injury that
results in substantial harm to the child, or the genuine threat of
substantial harm from physical injury to the child, including an injury
that is at variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or managing or
possessory conservator that does not expose the child to a substantial risk
of harm;
(D) failure to make a
reasonable effort to prevent an action by another person that results in
physical injury that results in substantial harm to the child;
(E) sexual conduct harmful
to a child's mental, emotional, or physical welfare, including conduct that
constitutes the offense of continuous sexual abuse of young child or
children under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code,
or aggravated sexual assault under Section 22.021, Penal Code;
(F) failure to make a
reasonable effort to prevent sexual conduct harmful to a child;
(G) compelling or
encouraging the child to engage in sexual conduct as defined by Section
43.01, Penal Code, including conduct
that constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, prostitution under Section 43.02(a) [43.02(a)(2)], Penal
Code, or compelling prostitution under Section 43.05(a)(2), Penal Code;
(H) causing, permitting,
encouraging, engaging in, or allowing the photographing, filming, or
depicting of the child if the person knew or should have known that the
resulting photograph, film, or depiction of the child is obscene as defined
by Section 43.21, Penal Code, or pornographic;
(I) the current use by a
person of a controlled substance as defined by Chapter 481, Health and
Safety Code, in a manner or to the extent that the use results in physical,
mental, or emotional injury to a child;
(J) causing, expressly
permitting, or encouraging a child to use a controlled substance as defined
by Chapter 481, Health and Safety Code;
(K) causing, permitting,
encouraging, engaging in, or allowing a sexual performance by a child as
defined by Section 43.25, Penal Code; or
(L) knowingly causing,
permitting, encouraging, engaging in, or allowing a child to be trafficked
in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7),
or (8), Penal Code, or the failure to make a reasonable effort to prevent a
child from being trafficked in a manner punishable as an offense under any
of those sections.
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SECTION 3. Section
261.001(1), Family Code, is amended to read as follows:
(1) "Abuse"
includes the following acts or omissions by a person:
(A) mental or emotional
injury to a child that results in an observable and material impairment in
the child's growth, development, or psychological functioning;
(B) causing or permitting
the child to be in a situation in which the child sustains a mental or
emotional injury that results in an observable and material impairment in
the child's growth, development, or psychological functioning;
(C) physical injury that
results in substantial harm to the child, or the genuine threat of
substantial harm from physical injury to the child, including an injury
that is at variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or managing or
possessory conservator that does not expose the child to a substantial risk
of harm;
(D) failure to make a
reasonable effort to prevent an action by another person that results in
physical injury that results in substantial harm to the child;
(E) sexual conduct harmful
to a child's mental, emotional, or physical welfare, including conduct that
constitutes the offense of continuous sexual abuse of young child or
children under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code,
or aggravated sexual assault under Section 22.021, Penal Code;
(F) failure to make a
reasonable effort to prevent sexual conduct harmful to a child;
(G) compelling or
encouraging the child to engage in sexual conduct as defined by Section
43.01, Penal Code, including compelling
or encouraging the child in a manner [conduct] that constitutes an offense of trafficking
of persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution
under Section 43.02(b) [43.02(a)(2)],
Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal
Code;
(H) causing, permitting,
encouraging, engaging in, or allowing the photographing, filming, or
depicting of the child if the person knew or should have known that the
resulting photograph, film, or depiction of the child is obscene as defined
by Section 43.21, Penal Code, or pornographic;
(I) the current use by a
person of a controlled substance as defined by Chapter 481, Health and
Safety Code, in a manner or to the extent that the use results in physical,
mental, or emotional injury to a child;
(J) causing, expressly
permitting, or encouraging a child to use a controlled substance as defined
by Chapter 481, Health and Safety Code;
(K) causing, permitting,
encouraging, engaging in, or allowing a sexual performance by a child as
defined by Section 43.25, Penal Code; or
(L) knowingly causing,
permitting, encouraging, engaging in, or allowing a child to be trafficked
in a manner punishable as an offense under Section 20A.02(a)(5), (6), (7),
or (8), Penal Code, or the failure to make a reasonable effort to prevent a
child from being trafficked in a manner punishable as an offense under any
of those sections.
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