SECTION 2. Section 22.021(a), Penal Code, is amended
to read as follows:
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or [female]
sexual organ of another person by any means, without
that person's consent;
(ii) causes the penetration of the mouth of another
person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another person, without
that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including
the actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or [female]
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child
by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact the mouth,
anus, or sexual organ of another person, including
the actor; or
(v) causes the mouth of a child to contact the anus
or sexual organ of another person, including the actor;
and
(2) if:
(A) the person:
(i) causes serious bodily injury or attempts to cause
the death of the victim or another person in the course
of the same criminal episode;
(ii) by acts or words places the victim in fear that
death, serious bodily injury, or kidnapping will be
imminently inflicted on any person;
(iii) by acts or words occurring in the presence of
the victim threatens to cause the death, serious bodily
injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course
of the same criminal episode;
(v) acts in concert with another who engages in conduct
described by Subdivision (1) directed toward the same
victim and occurring during the course of the same
criminal episode; or
(vi) administers or provides flunitrazepam, otherwise
known as rohypnol, gamma hydroxybutyrate, or ketamine
to the victim of the offense with the intent of facilitating
the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is 65 years of age or older.
SECTION 3. (a) This Act takes effect September 1,
2003.
(b) The change in law made by this Act applies only
to an offense committed on or after September 1, 2003.
An offense committed before September 1, 2003, is covered
by the law in effect when the offense was committed,
and the former law is continued in effect for that
purpose. For the purposes of this subsection, an offense
was committed before September 1, 2003, if any element
of the offense was committed before that date.