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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of harmful |
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communication to a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.245 to read as follows: |
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Sec. 43.245. HARMFUL COMMUNICATION TO MINOR. (a) In this |
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section: |
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(1) "Communication" means any verbal or written |
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communication. |
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(2) "Minor" means an individual younger than 18 years |
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of age. |
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(3) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(4) "Sexual excitement" means male or female human |
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genitals in a state of sexual stimulation or arousal. |
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(b) A person who is 18 years of age or older commits an |
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offense if: |
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(1) the person communicates to a minor explicit and |
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detailed descriptions or narrative accounts of sexual conduct, |
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sexual excitement, physical torture, or brutality; |
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(2) the person knows or reasonably should know that |
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the individual to whom the communication is made is a minor; and |
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(3) the communication is harmful to minors. |
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(c) For purposes of Subsection (b)(3), a communication is |
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harmful to minors if the dominant theme of the communication taken |
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as a whole: |
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(1) appeals to the prurient interest of a minor, in |
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sex, nudity, or excretion; |
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(2) is patently offensive to prevailing standards in |
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the adult community as a whole with respect to what is suitable for |
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minors; and |
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(3) is utterly without redeeming social value for |
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minors. |
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(d) The affirmative defenses provided by Section 22.011(e) |
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also apply to a prosecution under this section. |
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(e) An offense under this section is a Class A misdemeanor. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2025. |