| |
| |
| |
|
|
AN ACT
|
|
|
relating to the prosecution of the offense of online solicitation |
|
|
of a minor. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 33.021(a)(1), Penal Code, is amended to |
|
|
read as follows: |
|
|
(1) "Minor" means: |
|
|
(A) an individual who is [represents himself or
|
|
|
herself to be] younger than 17 years of age; or |
|
|
(B) an individual whom the actor believes to be |
|
|
younger than 17 years of age. |
|
|
SECTION 2. Section 33.021, Penal Code, is amended by |
|
|
amending Subsections (b), (d), and (e) to read as follows: |
|
|
(b) A person who is 17 years of age or older commits an |
|
|
offense if, with the intent to commit an offense listed in Article |
|
|
62.001(5)(A), (B), or (K), Code of Criminal Procedure [arouse or
|
|
|
gratify the sexual desire of any person], the person, over the |
|
|
Internet, by electronic mail or text message or other electronic |
|
|
message service or system, or through a commercial online service, |
|
|
intentionally: |
|
|
(1) communicates in a sexually explicit manner with a |
|
|
minor; or |
|
|
(2) distributes sexually explicit material to a minor. |
|
|
(d) It is not a defense to prosecution under Subsection (c) |
|
|
that[:
|
|
|
[(1)] the meeting did not occur[;
|
|
|
[(2)
the actor did not intend for the meeting to occur;
|
|
|
or
|
|
|
[(3)
the actor was engaged in a fantasy at the time of
|
|
|
commission of the offense]. |
|
|
(e) It is a defense to prosecution under this section that |
|
|
at the time conduct described by Subsection [(b) or] (c) was |
|
|
committed: |
|
|
(1) the actor was married to the minor; or |
|
|
(2) the actor was not more than three years older than |
|
|
the minor and the minor consented to the conduct. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 344 passed the Senate on |
|
|
April 9, 2015, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 344 passed the House on |
|
|
May 5, 2015, by the following vote: Yeas 146, Nays 0, one present |
|
|
not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |