Amend CSHB 2552 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. (a) This section takes effect only if the Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes becomes law.
(b) Section 21.16(g), Penal Code, as added by Chapter 852 (SB 1135), Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:
(g) An offense under this section is a state jail felony [Class A misdemeanor].
(c) Chapter 21, Penal Code, is amended by adding Section 21.18 to read as follows:
Sec. 21.18. SEXUAL COERCION. (a) In this section:
(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c).
(2) "Sexual conduct" has the meaning assigned by Section 43.25.
(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or gratification.
(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.
SECTION ____. (a) This section takes effect only if the Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes does not become law.
(b) Section 21.16(g), Penal Code, as added by Chapter 852 (SB 1135), Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:
(g) An offense under this section is a state jail felony [Class A misdemeanor].
(c) Chapter 21, Penal Code, is amended by adding Section 21.18 to read as follows:
Sec. 21.18. SEXUAL COERCION. (a) In this section:
(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c), as added by Chapter 852 (SB1135), Acts of the 84th Legislature, Regular Session, 2015.
(2) "Sexual conduct" has the meaning assigned by Section 43.25.
(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (SB1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16, as added by Chapter 676 (HB207), Acts of the 84th Legislature, Regular Session, 2015, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or gratification.
(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.