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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of certain trafficking |
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and sexual offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20A.02(b), Penal Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subsection, an |
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offense under this section is a felony of the second degree. An |
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offense under this section is a felony of the first degree if: |
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(1) the applicable conduct constitutes an offense |
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under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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the actor knows the age of the child at the time of [the actor
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commits] the offense; or |
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(2) the commission of the offense results in the death |
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of the person who is trafficked. |
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SECTION 2. Section 21.02(b), Penal Code, is amended to read |
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as follows: |
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(b) A person commits an offense if: |
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(1) during a period that is 30 or more days in |
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duration, the person commits two or more acts of sexual abuse, |
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regardless of whether the acts of sexual abuse are committed |
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against one or more victims; and |
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(2) at the time of the commission of each of the acts |
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of sexual abuse, the actor is 17 years of age or older and the victim |
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is a child younger than 14 years of age, regardless of whether the |
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actor knows the age of the victim at the time of the offense. |
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SECTION 3. Section 21.11(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with a child younger |
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than 17 years of age, whether the child is of the same or opposite |
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sex and regardless of whether the person knows the age of the child |
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at the time of the offense, the person: |
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(1) engages in sexual contact with the child or causes |
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the child to engage in sexual contact; or |
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(2) with intent to arouse or gratify the sexual desire |
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of any person: |
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(A) exposes the person's anus or any part of the |
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person's genitals, knowing the child is present; or |
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(B) causes the child to expose the child's anus |
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or any part of the child's genitals. |
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SECTION 4. Section 22.011(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if [the person]: |
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(1) the person intentionally or knowingly: |
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(A) causes the penetration of the anus or sexual |
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organ of another person by any means, without that person's |
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consent; |
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(B) causes the penetration of the mouth of |
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another person by the sexual organ of the actor, without that |
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person's consent; or |
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(C) causes the sexual organ of another person, |
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without that person's consent, to contact or penetrate the mouth, |
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anus, or sexual organ of another person, including the actor; or |
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(2) regardless of whether the person knows the age of |
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the child at the time of the offense, the person intentionally or |
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knowingly: |
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(A) causes the penetration of the anus or sexual |
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organ of a child by any means; |
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(B) causes the penetration of the mouth of a |
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child by the sexual organ of the actor; |
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(C) causes the sexual organ of a child to contact |
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or penetrate the mouth, anus, or sexual organ of another person, |
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including the actor; |
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(D) causes the anus of a child to contact the |
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mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(E) causes the mouth of a child to contact the |
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anus or sexual organ of another person, including the actor. |
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SECTION 5. Section 22.021(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense: |
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(1) if the person: |
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(A) intentionally or knowingly: |
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(i) causes the penetration of the anus or |
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sexual organ of another person by any means, without that person's |
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consent; |
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(ii) causes the penetration of the mouth of |
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another person by the sexual organ of the actor, without that |
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person's consent; or |
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(iii) causes the sexual organ of another |
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person, without that person's consent, to contact or penetrate the |
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mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(B) regardless of whether the person knows the |
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age of the child at the time of the offense, intentionally or |
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knowingly: |
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(i) causes the penetration of the anus or |
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sexual organ of a child by any means; |
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(ii) causes the penetration of the mouth of |
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a child by the sexual organ of the actor; |
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(iii) causes the sexual organ of a child to |
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contact or penetrate the mouth, anus, or sexual organ of another |
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person, including the actor; |
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(iv) causes the anus of a child to contact |
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the mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(v) causes the mouth of a child to contact |
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the anus or sexual organ of another person, including the actor; and |
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(2) if: |
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(A) the person: |
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(i) causes serious bodily injury or |
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attempts to cause the death of the victim or another person in the |
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course of the same criminal episode; |
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(ii) by acts or words places the victim in |
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fear that any person will become the victim of an offense under |
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Section 20A.02(a)(3), (4), (7), or (8) or that death, serious |
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bodily injury, or kidnapping will be imminently inflicted on any |
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person; |
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(iii) by acts or words occurring in the |
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presence of the victim threatens to cause any person to become the |
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victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or |
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to cause the death, serious bodily injury, or kidnapping of any |
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person; |
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(iv) uses or exhibits a deadly weapon in the |
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course of the same criminal episode; |
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(v) acts in concert with another who |
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engages in conduct described by Subdivision (1) directed toward the |
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same victim and occurring during the course of the same criminal |
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episode; or |
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(vi) administers or provides |
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flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, |
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or ketamine to the victim of the offense with the intent of |
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facilitating the commission of the offense; |
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(B) the victim is younger than 14 years of age, |
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regardless of whether the person knows the age of the victim at the |
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time of the offense; or |
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(C) the victim is an elderly individual or a |
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disabled individual. |
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SECTION 6. Section 43.02, Penal Code, as amended by |
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Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th |
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Legislature, Regular Session, 2015, is amended by reenacting |
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Subsection (c) and reenacting and amending Subsection (c-1) to read |
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as follows: |
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(c) An offense under Subsection (a) is a Class B |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the actor has previously |
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been convicted one or two times of an offense under Subsection (a); |
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or |
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(2) a state jail felony if the actor has previously |
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been convicted three or more times of an offense under Subsection |
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(a). |
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(c-1) An offense under Subsection (b) is a Class B |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the actor has previously |
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been convicted one or two times of an offense under Subsection (b); |
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(2) a state jail felony if the actor has previously |
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been convicted three or more times of an offense under Subsection |
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(b); or |
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(3) a felony of the second degree if the person |
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solicited is: |
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(A) younger than 18 years of age, regardless of |
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whether the actor knows the age of the person solicited at the time |
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of [the actor commits] the offense; |
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(B) represented to the actor as being younger |
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than 18 years of age; or |
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(C) believed by the actor to be younger than 18 |
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years of age. |
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SECTION 7. Section 43.03(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if the actor has been |
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previously convicted of an offense under this section; or |
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(2) a felony of the second degree if the actor engages |
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in conduct described by Subsection (a)(1) or (2) involving a person |
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younger than 18 years of age engaging in prostitution, regardless |
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of whether the actor knows the age of the person at the time of [the
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actor commits] the offense. |
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SECTION 8. Section 43.04(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the first degree if |
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the prostitution enterprise uses as a prostitute one or more |
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persons younger than 18 years of age, regardless of whether the |
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actor knows the age of the person at the time of [the actor commits] |
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the offense. |
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SECTION 9. Section 43.05(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person knowingly: |
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(1) causes another by force, threat, or fraud to |
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commit prostitution; or |
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(2) causes by any means a child younger than 18 years |
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to commit prostitution, regardless of whether the actor knows the |
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age of the child at the time of [the actor commits] the offense. |
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SECTION 10. Section 43.25, Penal Code, is amended by |
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amending Subsections (c) and (e) and adding Subsection (h) to read |
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as follows: |
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(c) An offense under Subsection (b) is a felony of the |
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second degree, except that the offense is a felony of the first |
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degree if the victim is younger than 14 years of age at the time the |
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offense is committed, regardless of whether the actor knows the age |
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of the victim at the time of the offense. |
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(e) An offense under Subsection (d) 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 victim is younger than 14 years of age at the time the offense is |
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committed, regardless of whether the actor knows the age of the |
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victim at the time of the offense. |
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(h) Conduct under this section constitutes an offense |
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regardless of whether the actor knows the age of the victim at the |
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time of the offense. |
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SECTION 11. Section 43.251, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the victim [child] is younger than 14 years of age at the time the |
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offense is committed, regardless of whether the actor knows the age |
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of the victim at the time of the offense. |
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(d) Conduct under this section constitutes an offense |
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regardless of whether the actor knows the age of the victim at the |
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time of the offense. |
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SECTION 12. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 13. This Act takes effect September 1, 2017. |