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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the definition of compelling prostitution to |
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mean child sexual exploitation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.05 is amended to read as follows: |
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Sec. 43.05. COMPELLING PROSTITUTIONCHILD SEXUAL |
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EXPLOITATION. |
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(a) In this Section: |
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(1) "Sexual performance by a child" has the same |
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meaning assigned in Section 43.25 |
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(b) A person commits an offense if the person knowingly: |
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(1) causes another by force, threat, coercion, or |
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fraud to commit prostitutionparticipate in sexual performance by a |
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child; or |
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(2) causes by any means a child younger than 18 years |
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to commit prostitutionparticipate in sexual performance by a |
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child, regardless of whether the actor knows the age of the child at |
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the time of the offense. |
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(c) An offense under this section is a felony of the first |
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degree. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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(d) For purposes of this section, "coercion" as defined by |
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Section 1.07 includes: |
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(1) destroying, concealing, confiscating, or |
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withholding from a person, or threatening to destroy, conceal, |
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confiscate, or withhold from a person, the person's actual or |
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purported: |
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(A) government records; or |
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(B) identifying information or documents; |
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(2) causing a person, without the person's consent, to |
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become intoxicated, as defined by Section 49.01, to a degree that |
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impairs the person's ability to appraise the nature of the person's |
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conduct that constitutes prostitutionsexual performance by a |
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child; or to resist engaging in that conduct; or |
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(3) withholding alcohol or a controlled substance to a |
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degree that impairs the ability of a person with a chemical |
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dependency, as defined by Section 462.001, Health and Safety Code, |
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to appraise the nature of the person's conduct that constitutes |
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prostitutionsexual performance by a child or to resist engaging in |
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that conduct. |
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SECTION 2. This Act takes effect September 1, 2021. |