Bill Text: TX HB1483 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the creation of the offense of commercial sexual exploitation of a child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [HB1483 Detail]

Download: Texas-2013-HB1483-Introduced.html

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83R5095 ADM-D
By: Lozano H.B. No. 1483

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of commercial sexual
exploitation of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended
by adding Section 43.262 to read as follows:
Sec. 43.262. COMMERCIAL SEXUAL EXPLOITATION OF A CHILD.
(a) In this section, "sexual conduct" has the meaning assigned by
Section 43.01.
(b) A person commits an offense if the person knowingly
purchases advertising space for an advertisement, or places an
advertisement, in any medium that:
(1) solicits another to engage in sexual conduct with
a person, including the actor, for compensation; and
(2) visually depicts a child younger than 18 years of
age at the time the image of the child was made.
(c) It is not a defense to prosecution under this section
that the actor:
(1) did not know the age of the person depicted;
(2) relied on an oral or written representation
regarding the age of the person depicted; or
(3) relied on the apparent age of the person depicted.
(d) It is an affirmative defense to prosecution under this
section that before purchasing the advertising space or placing the
advertisement:
(1) the actor made a reasonable attempt to verify the
age of the person depicted in the advertisement by requiring the
person to produce a marriage license, birth certificate, or
government-issued or school-issued identification card that
identifies the person's age;
(2) the documentation identified the person as being
18 years of age or older; and
(3) the actor retained a copy of the documentation.
(e) An offense under this section is a felony of the third
degree.
(f) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 2. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 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 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 violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
(J), or (K), but not if the violation results in a deferred
adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; [or]
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 43.262 (Commercial
sexual exploitation of a child), Penal Code.
SECTION 3. This Act takes effect September 1, 2013.