Baker's Legal Pages are a public service of Freelance Enterprises, Inc.

From the 2005 Regular Session of the Texas Legislature

(This file was created by automatic conversion software.

See caveat and source notes at the 79th Regular Session page)

Select display:

show added and deleted text (text of bill as enacted)
hide deleted text (text in effect after effective date of bill)
hide added text (text in effect before effective date of bill)



	H.B. No. 2228



AN ACT



relating to the creation of the offense
of online sexual solicitation of a minor.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Chapter 33, Penal Code, is
amended by adding Section 33.021 to read as follows:


Sec. 33.021.  ONLINE SOLICITATION OF
A MINOR.  (a)  In this section:


	(1)  "Minor" means:


		(A)  an individual who represents himself
or herself to be younger than 17 years of age; or


		(B)  an individual whom the actor believes
to be younger than 17 years of age.


	(2)  "Sexual contact," "sexual intercourse,"
and "deviate sexual intercourse" have the meanings
assigned by Section 21.01.


	(3)  "Sexually explicit" means any communication,
language, or material, including a photographic or
video image, that relates to or describes sexual conduct,
as defined by Section 43.25.


(b)  A person who is 17 years of age
or older commits an offense if, with the intent to
arouse or gratify the sexual desire of any person,
the person, over the Internet or by electronic mail
or a commercial online service, intentionally:


	(1)  communicates in a sexually explicit
manner with a minor; or


	(2)  distributes sexually explicit material
to a minor.


(c)  A person commits an offense if
the person, over the Internet or by electronic mail
or a commercial online service, knowingly solicits
a minor to meet another person, including the actor,
with the intent that the minor will engage in sexual
contact, sexual intercourse, or deviate sexual intercourse
with the actor or another person.


(d)  It is not a defense to prosecution
under Subsection (c) that:


	(1)  the meeting did not occur;


	(2)  the actor did not intend for the
meeting to occur; or


	(3)  the actor was engaged in a fantasy
at the time of commission of the offense.


(e)  It is a defense to prosecution
under this section that at the time conduct described
by Subsection (b) or (c) was committed:


	(1)  the actor was married to the minor;
or


	(2)  the actor was not more than three
years older than the minor and the minor consented
to the conduct.


(f)  An offense under Subsection (b)
is a state jail felony, and an offense under Subsection
(c) is a felony of the third degree, except that an
offense under Subsection (b) or (c) is a felony of
the second degree if the minor is younger than 14 years
of age or is an individual whom the actor believes
to be younger than 14 years of age.


(g)  If conduct that constitutes an
offense under this section also constitutes an offense
under any other law, the actor may be prosecuted under
this section, the other law, or both.


SECTION 2.  Article 62.01(5), Code of Criminal
Procedure, is amended to read as follows:


	(5)  "Reportable conviction or adjudication"
means a conviction or adjudication, regardless of the
pendency of an appeal, that is:


		(A)  a conviction for a violation of Section
21.11 (Indecency with a child), 22.011 (Sexual assault),
22.021 (Aggravated sexual assault), or 25.02 (Prohibited
sexual conduct), Penal Code;


		(B)  a conviction for a violation of Section
43.05 (Compelling prostitution), 43.25 (Sexual performance
by a child), or 43.26 (Possession or promotion of child
pornography), Penal Code;


		(C)  a conviction for a violation of Section
20.04(a)(4) (Aggravated kidnapping), Penal Code, if
the defendant committed the offense with intent to
violate or abuse the victim sexually;


		(D)  a conviction for a violation of Section
30.02 (Burglary), Penal Code, if the offense is punishable
under Subsection (d) of that section and the defendant
committed the offense with intent to commit a felony
listed in Paragraph (A) or (C);


		(E)  a conviction for a violation of Section
20.02 (Unlawful restraint), 20.03 (Kidnapping), or
20.04 (Aggravated kidnapping), Penal Code, if the judgment
in the case contains an affirmative finding under Article
42.015;


		(F)  the second conviction for a violation
of Section 21.08 (Indecent exposure), Penal Code;


		(G)  a conviction for an attempt, conspiracy,
or solicitation, as defined by Chapter 15, Penal Code,
to commit an offense listed in Paragraph (A), (B),
(C), (D), or (E);


		(H)  an adjudication of delinquent conduct:


			(i)  based on a violation of one of the
offenses listed in Paragraph (A), (B), (C), (D), or
(G), or (N) or, if the order in the hearing
contains an affirmative finding that the victim or
intended victim was younger than 17 years of age, one
of the offenses listed in Paragraph (E); or


			(ii)  for which two violations of the offense
listed in Paragraph (F) are shown;


		(I)  a deferred adjudication for an offense
listed in:


			(i)  Paragraph (A), (B), (C), (D), or
(G), or (N); or


			(ii)  Paragraph (E) if the papers in the
case contain an affirmative finding that the victim
or intended victim was younger than 17 years of age;


		(J)  a conviction under the laws of another
state, federal law, the laws of a foreign country,
or the Uniform Code of Military Justice for an offense
containing elements that are substantially similar
to the elements of an offense listed under Paragraph
(A), (B), (C), (D), (E), or (G),
or (N);


		(K)  an adjudication of delinquent conduct
under the laws of another state, federal law, or the
laws of a foreign country based on a violation of an
offense containing elements that are substantially
similar to the elements of an offense listed under
Paragraph (A), (B), (C), (D), (E), or
(G), or (N);


		(L)  the second conviction under the laws
of another state, federal law, the laws of a foreign
country, or the Uniform Code of Military Justice for
an offense containing elements that are substantially
similar to the elements of the offense of indecent
exposure; or


		(M)  the second adjudication of delinquent
conduct under the laws of another state, federal law,
or the laws of a foreign country based on a violation
of an offense containing elements that are substantially
similar to the elements of the offense of indecent
exposure; or


		(N)  a conviction for a violation of
Section 33.021 (Online solicitation of a minor), Penal
Code.


SECTION 3.  This Act takes effect immediately
if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive
the vote necessary for immediate effect, this Act takes
effect September 1, 2005.




______________________________	______________________________


   President of the Senate	Speaker of the
House      


I certify that H.B. No. 2228 was passed
by the House on April 12, 2005, by the following vote:
 Yeas 146, Nays 0, 2 present, not voting.



______________________________




Chief Clerk of the
House   



I certify that H.B. No. 2228 was passed
by the Senate on May 25, 2005, by the following vote:
 Yeas 31, Nays 0.



______________________________




Secretary of the Senate
   



APPROVED:  _____________________


                    Date          


           _____________________


                  Governor