SECTION 1. Section 22.021(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense:
(1) if the person:
(A) intentionally or
knowingly:
(i) causes the penetration of
the anus or sexual organ of another person by any means, without that
person's consent;
(ii) causes the penetration
of the mouth of another person by the sexual organ of the actor, without
that person's consent; or
(iii) causes the sexual organ
of another person, without that person's consent, to contact or penetrate
the mouth, anus, or sexual organ of another person, including the actor; or
(B) intentionally or
knowingly:
(i) causes the penetration of
the anus or sexual organ of a child by any means;
(ii) causes the penetration
of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ
of a child to contact or penetrate the mouth, anus, or sexual organ of
another person, including the actor;
(iv) causes the anus of a
child to contact the mouth, anus, or sexual organ of another person,
including the actor; or
(v) causes the mouth of a
child to contact the anus or sexual organ of another person, including the
actor; and
(2) if:
(A) the person:
(i) causes serious bodily
injury or attempts to cause the death of the victim or another person in
the course of the same criminal episode;
(ii) by acts or words places
the victim in fear that any person will become the victim of an offense
under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily
injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring
in the presence of the victim threatens to cause any person to become the
victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to
cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a
deadly weapon in the course of the same criminal episode;
(v) acts in concert with
another who engages in conduct described by Subdivision (1) directed toward
the same victim and occurring during the course of the same criminal
episode; or
(vi) administers or provides a
benzodiazepine, [flunitrazepam,
otherwise known as rohypnol,] gamma butyrolactone, gamma
hydroxybutyrate, [or] ketamine, or
any substance listed in Section 481.102, Health and Safety Code,
to the victim of the offense with the intent of facilitating the commission
of the offense;
(B) the victim is younger
than 14 years of age; or
(C) the victim is an elderly
individual or a disabled individual.
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SECTION 1. Section 22.021(a),
Penal Code, is amended to read as follows:
(a) A person commits an
offense:
(1) if the person:
(A) intentionally or
knowingly:
(i) causes the penetration of
the anus or sexual organ of another person by any means, without that
person's consent;
(ii) causes the penetration
of the mouth of another person by the sexual organ of the actor, without
that person's consent; or
(iii) causes the sexual organ
of another person, without that person's consent, to contact or penetrate
the mouth, anus, or sexual organ of another person, including the actor; or
(B) intentionally or
knowingly:
(i) causes the penetration of
the anus or sexual organ of a child by any means;
(ii) causes the penetration
of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ
of a child to contact or penetrate the mouth, anus, or sexual organ of
another person, including the actor;
(iv) causes the anus of a
child to contact the mouth, anus, or sexual organ of another person,
including the actor; or
(v) causes the mouth of a
child to contact the anus or sexual organ of another person, including the
actor; and
(2) if:
(A) the person:
(i) causes serious bodily
injury or attempts to cause the death of the victim or another person in
the course of the same criminal episode;
(ii) by acts or words places
the victim in fear that any person will become the victim of an offense
under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily
injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words
occurring in the presence of the victim threatens to cause any person to
become the victim of an offense under Section 20A.02(a)(3), (4), (7), or
(8) or to cause the death, serious bodily injury, or kidnapping of any
person;
(iv) uses or exhibits a
deadly weapon in the course of the same criminal episode;
(v) acts in concert with
another who engages in conduct described by Subdivision (1) directed toward
the same victim and occurring during the course of the same criminal
episode; or
(vi) administers or provides a
benzodiazepine, flunitrazepam,
otherwise known as rohypnol, gamma butyrolactone, gamma
hydroxybutyrate, or ketamine to the victim of the offense with the intent
of facilitating the commission of the offense;
(B) the victim is younger
than 14 years of age; or
(C) the victim is an elderly
individual or a disabled individual.
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