Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1810 by Dale (Relating to the creation of the offense of possession or promotion of lewd visual material depicting a child.), As Engrossed
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the creation of the offense of possession or promotion of lewd visual material depicting a child. Under the provisions of the bill, engaging in certain behaviors with a child younger than 18 would be punishable at the felony level with punishment increasing in severity based on the number of previous convictions for certain offenses.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years; a third degree felony for a term from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
Creating an offense and increasing the punishment level based on certain previous convictions is expected to result in an increase on the demands of the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.