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.