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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalties for the offenses of |
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producing, directing, or promoting a sexual performance by a child |
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and possessing child pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.25(e), Penal Code, is amended to read |
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as follows: |
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(e) An offense under Subsection (d) is a felony of the |
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second [third] degree, except that the offense is a felony of the |
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first [second] degree if the victim is younger than 14 years of age |
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at the time the offense is committed, 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 2. Section 43.26(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under Subsection (a) is a felony of the |
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second [third] degree, except that the offense is[:
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[(1)
a felony of the second degree if it is shown on
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the trial of the offense that the person has been previously
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convicted one time of an offense under that subsection; and
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[(2)] a felony of the first degree if it is shown on |
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the trial of the offense that the person has been previously |
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convicted [two or more times] of an offense under that subsection. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |