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A BILL TO BE ENTITLED
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AN ACT
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relating to the clarification of the offense of online sexual |
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solicitation of a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Penal Code, Section 33.021 is |
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amended to read as follows: |
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(a) In this section: |
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(1) "Minor" means: |
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(A) an individual who at time of contact with |
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actor is under the age of 17 years. |
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(B) an individual whom the actor believes to be |
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younger than 17 years of age at time of first contact. |
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(2) "Sexual contact," "sexual intercourse," and |
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"deviate sexual intercourse" have the meanings assigned by Section |
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21.01. |
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(3) "Sexually explicit" means any communication, |
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language, or material, including a photographic or video image, |
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which relates to or describes sexual conduct, as defined by Section |
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43.25. |
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(b) A person who is 18[17] years of age or older at time of |
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first contact commits an offense if, the actor exchanges in |
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sexually explicit communication or distributes sexually explicit |
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material, of either himself or herself, or of another person over |
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the Internet or by electronic mail or a commercial online service |
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or text message intentionally with a minor: |
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(1) communicates in a sexually explicit manner with a |
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minor; or |
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(2) distributes sexually explicit material to a minor. |
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(c) A person commits an offense if the person, over the |
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Internet or by electronic mail or text message or a commercial |
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online service, knowingly solicits a minor to meet another person, |
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including the actor, with the intent that the minor will engage in |
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sexual contact, sexual intercourse, or deviate sexual intercourse |
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with the actor or another person. |
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(d) It is not a defense to prosecution under Subsection (c) |
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that: |
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(1) the meeting did not occur; |
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(2) the actor did not intend for the meeting to occur; |
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or |
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(3) the actor was engaged in a fantasy at the time of |
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commission of the offense under Subsection (b) or (c). |
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(e) It is a defense to prosecution under this section that |
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at the time conduct described by Subsection (b) or (c) was |
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committed: |
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(1) the actor was married to the minor; or |
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(2) the actor was not more than three years older than |
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the minor and the minor consented to the conduct. |
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(f) An offense under Subsection (b) is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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the minor is younger than 14 years of age at time of first contact or |
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is an individual who the actor believes to be younger than 14 years |
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of at the commission of the offense. An offense under Subsection |
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(c) is a felony of the second degree. |
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(g) If conduct that constitutes an offense under [this
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section] |
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Sec. 33.021 also constitutes an offense under any other |
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law, the actor may be prosecuted under this section, the other law, |
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or both. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |