SECTION 5. 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) regardless of whether
the person knows the age of the child at the time of the offense,
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
flunitrazepam, otherwise known as
rohypnol, 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, regardless of whether the person knows the age of
the victim at the time of the offense; or
(C) the victim is an elderly
individual or a disabled individual.
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SECTION 5. 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) regardless of whether
the person knows the age of the child at the time of the offense,
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) with the intent of
facilitating the commission of the offense, administers or provides [flunitrazepam, otherwise known as
rohypnol, gamma hydroxybutyrate, or ketamine] to the victim of
the offense any substance capable of
impairing the victim's ability to appreciate the nature of the applicable
conduct described by Subdivision (1) or to resist the conduct [with
the intent of facilitating the commission of the offense];
(B) the victim is younger
than 14 years of age, regardless of whether the person knows the age of
the victim at the time of the offense; or
(C) the victim is an elderly
individual or a disabled individual.
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SECTION 9. Section 43.02,
Penal Code, as amended by Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts
of the 84th Legislature, Regular Session, 2015, is amended by amending
Subsections (a), (b), and (b-1),
reenacting Subsection (c), and reenacting and amending Subsection (c-1) to
read as follows:
(a) A person commits an
offense if, in return for receipt of an
item of value [a fee],
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) A person commits an
offense if, based on the exchange [payment] of an item of value [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 whether the
actor is offered or actually receives the item of value [fee].
An offense is established under Subsection (b) regardless of whether the
actor or another person on behalf of the actor offers or actually exchanges
the item of value [pays the fee].
(c) An offense under
Subsection (a) 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); 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 [B] misdemeanor, except that the
offense is:
(1) a state jail felony
[Class A misdemeanor] if the actor has previously been convicted one
or two times of an offense under Subsection (b);
(2) a [state jail]
felony of the third degree if the actor has previously been
convicted three or more times of an offense under Subsection (b); or
(3) a felony of the second degree if the person solicited
is:
(A) younger than 18 years of
age, regardless of whether the actor knows the age of the person solicited
at the time of [the actor commits] the offense;
(B) represented to the actor
as being younger than 18 years of age; or
(C) believed by the actor to
be younger than 18 years of age.
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SECTION 8. Section 43.02,
Penal Code, as amended by Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts
of the 84th Legislature, Regular Session, 2015, is amended by amending
Subsections (a) and (b), reenacting Subsection (c), and reenacting and amending
Subsection (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; or
(2) solicits another [in
a public place] to engage with the actor 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].
(c) An offense under
Subsection (a) 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); 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 [B] misdemeanor, except that the
offense is:
(1) a state jail felony
[Class A misdemeanor] if the actor has previously been convicted one
or two times of an offense under Subsection (b);
(2) a [state jail]
felony of the third degree if the actor has previously been
convicted three or more times of an offense under Subsection (b); or
(3) a felony of the first
[second] degree if the person solicited is:
(A) younger than 18 years of
age, regardless of whether the actor knows the age of the person solicited
at the time of [the actor commits] the offense;
(B) represented to the actor
as being younger than 18 years of age; or
(C) believed by the actor to
be younger than 18 years of age.
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SECTION 10. Section 43.03,
Penal Code, is amended to read as follows:
Sec. 43.03. PROMOTION OF
PROSTITUTION. (a) A person commits an offense if, acting other than as a
prostitute receiving compensation for personally rendered prostitution
services, the actor [he or she] knowingly:
(1) receives money or other
property pursuant to an agreement to participate in the proceeds of
prostitution; [or]
(2) solicits or procures
another to engage in sexual conduct with another person for compensation;
(3) provides a person or
premises for prostitution purposes;
(4) operates or assists
in the operation of a prostitution enterprise; or
(5) engages in other
conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.
(b) An offense under this
section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if
the actor has been previously convicted of an offense under this section;
or
(2) a felony of the second
degree if the actor engages in conduct described by Subsection (a) [(a)(1)
or (2)] involving a person younger than 18 years of age engaging in
prostitution, regardless of whether the actor knows the age of the person
at the time of [the actor commits] the offense.
(c) A conviction may be
used for purposes of enhancement under this section or enhancement under
Subchapter D, Chapter 12, but not under both this section and Subchapter D,
Chapter 12. For purposes of enhancement of penalties under this section or
Subchapter D, Chapter 12, a defendant is previously convicted of an offense
under this section if the defendant was adjudged guilty of the offense or
entered a plea of guilty or nolo contendere in return for a grant of
deferred adjudication community supervision, regardless of whether the
sentence for the offense was ever imposed or whether the sentence was
probated and the defendant was subsequently discharged from deferred
adjudication community supervision.
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SECTION 9. Section 43.03,
Penal Code, is amended to read as follows:
Sec. 43.03. PROMOTION OF
PROSTITUTION. (a) A person commits an offense if, acting other than as a
prostitute receiving compensation for personally rendered prostitution
services, the actor [he or she] knowingly:
(1) receives money or other
property pursuant to an agreement to participate in the proceeds of
prostitution; [or]
(2) solicits or procures
another to engage in sexual conduct with another person for compensation;
(3) provides a person or
premises for prostitution purposes;
(4) operates or assists
in the operation of a prostitution enterprise; or
(5) engages in other
conduct designed to institute, aid, or facilitate an act or enterprise of
prostitution.
(b) An offense under this
section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if
the actor has been previously convicted of an offense under this section;
or
(2) a felony of the second
degree if the actor engages in conduct described by Subsection (a) [(a)(1)
or (2)] involving a person younger than 18 years of age engaging in
prostitution, regardless of whether the actor knows the age of the person
at the time of [the actor commits] the offense.
(c) A conviction may be
used for purposes of enhancement under this section or enhancement under
Subchapter D, Chapter 12, but not under both this section and Subchapter D,
Chapter 12. For purposes of enhancement of penalties under this section or
Subchapter D, Chapter 12, a defendant is previously convicted of an offense
under this section if the defendant was adjudged guilty of the offense or
entered a plea of guilty or nolo contendere in return for a grant of
deferred adjudication community supervision, regardless of whether the
sentence for the offense was ever imposed or whether the sentence was
probated and the defendant was subsequently discharged from deferred
adjudication community supervision.
(d) If conduct constituting an offense under this section also
constitutes an offense under another section of this code, the actor may be
prosecuted under either section or under both sections.
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