Bill Text: TX HB1668 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to increasing the criminal penalty for the offense of enticing a child and to the applicability of sex offender registration requirements to that offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-12-18 - Filed [HB1668 Detail]

Download: Texas-2025-HB1668-Introduced.html
  89R5321 JCG-F
 
  By: Gerdes H.B. No. 1668
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the criminal penalty for the offense of
  enticing a child and to the applicability of sex offender
  registration requirements to that offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.04, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Except as provided by Subsection (c), an [An] offense
  under this section is a [Class B misdemeanor, unless it is shown on
  the trial of the offense that the actor intended to commit a felony
  against the child, in which event an offense under this section is
  a] felony of the third degree.
         (c)  An offense under this section is a felony of the second
  degree if it is shown on the trial of the offense that the actor
  intended to violate or abuse the child sexually.
         SECTION 2.  Articles 62.001(5) and (6), Code of Criminal
  Procedure, are 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 disabled individual), 21.09
  (Bestiality), 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 43.04 (Aggravated
  promotion of prostitution), 43.05 (Compelling prostitution), 43.25
  (Sexual performance by a child), or 43.26 (Possession or promotion
  of child pornography), Penal Code;
                     (B-1)  a violation of Section 43.021
  (Solicitation of Prostitution), Penal Code, if the offense is
  punishable as a felony of the second degree;
                     (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), (K), [or] (L),
  or (M);
                     (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), (B-1), (C), (D), (E),
  (G), (J), (K), [or] (L), or (M), 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;
                     (K)  a violation of Section 20A.02(a)(3), (4),
  (7), or (8) (Trafficking of persons), Penal Code; [or]
                     (L)  a violation of Section 20A.03 (Continuous
  trafficking of persons), Penal Code, if the offense is based partly
  or wholly on conduct that constitutes an offense under Section
  20A.02(a)(3), (4), (7), or (8) of that code; or
                     (M)  a violation of Section 25.04 (Enticing a
  child), Penal Code, if the offense or conduct is punishable under
  Subsection (c) of that section.
               (6)  "Sexually violent offense" means any of the
  following offenses committed by a person 17 years of age or older:
                     (A)  an offense under Section 21.02 (Continuous
  sexual abuse of young child or disabled individual), 21.11(a)(1)
  (Indecency with a child), 22.011 (Sexual assault), or 22.021
  (Aggravated sexual assault), Penal Code;
                     (B)  an offense under Section 43.25 (Sexual
  performance by a child), Penal Code;
                     (C)  an offense under 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)  an offense under 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) of Subdivision (5);
  [or]
                     (E)  an offense under Section 25.04 (Enticing a
  child), Penal Code, if the offense is punishable under Subsection
  (c) of that section; or
                     (F)  an offense under the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice if the offense contains elements that are
  substantially similar to the elements of an offense listed under
  Paragraph (A), (B), (C), [or] (D), or (E).
         SECTION 3.  Section 411.1471(a), Government Code, is amended
  to read as follows:
         (a)  This section applies to a defendant who is:
               (1)  arrested for any offense punishable as a felony;
  or
               (2)  convicted of an offense:
                     (A)  under Title 5, Penal Code, that is punishable
  as a Class A misdemeanor, except for an offense punishable as a
  Class A misdemeanor under Section 22.05, Penal Code; or
                     (B)  punishable as a Class A or B misdemeanor, as
  applicable, under Section 21.08[, 25.04,] or 43.24, Penal Code.
         SECTION 4.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2025.
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