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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 continuous |
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aggravated promotion of prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 43, Penal Code, is amended |
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by adding Section 43.042 to read as follows: |
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Sec. 43.042. CONTINUOUS AGGRAVATED PROMOTION OF |
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PROSTITUTION. (a) A person commits an offense if, during a period |
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that is 30 or more days in duration, the person engages two or more |
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times in conduct that constitutes an offense under Section 43.04. |
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(b) If a jury is the trier of fact, members of the jury are |
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not required to agree unanimously on which specific conduct engaged |
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in by the defendant constituted an offense under Section 43.04 or on |
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which exact date the defendant engaged in that conduct. The jury |
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must agree unanimously that the defendant, during a period that is |
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30 or more days in duration, engaged two or more times in conduct |
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that constituted an offense under Section 43.04. |
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(c) If the victim of an offense under Subsection (a) is the |
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same victim as a victim of an offense under Section 43.04, a |
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defendant may not be convicted of the offense under Section 43.04 in |
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the same criminal action as the offense under Subsection (a), |
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unless the offense under Section 43.04: |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(d) A defendant may not be charged with more than one count |
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under Subsection (a) if all of the conduct that constitutes an |
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offense under Section 43.04 is alleged to have been committed |
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against the same victim. |
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(e) An offense under this section is a felony of the first |
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degree, punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for any term of not more than 99 years |
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or less than 25 years. |
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SECTION 2. This Act takes effect September 1, 2025. |
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