Bill Text: TX HB4509 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to creating the criminal offense of child grooming.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Criminal Jurisprudence [HB4509 Detail]
Download: Texas-2023-HB4509-Introduced.html
88R2907 MEW-F | ||
By: Thompson of Harris | H.B. No. 4509 |
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relating to creating the criminal offense of child grooming. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 15, Penal Code, is amended by adding | ||
Section 15.032 to read as follows: | ||
Sec. 15.032. CHILD GROOMING. (a) A person commits an | ||
offense if, with the intent that an offense under Chapter 43 or an | ||
offense involving sexual activity, the occurrence of which would | ||
subject the actor to criminal liability under Chapter 20A, 21, or | ||
22, be committed, the person knowingly persuades, induces, entices, | ||
or coerces, or attempts to persuade, induce, entice, or coerce, a | ||
child younger than 18 years of age to engage in specific conduct | ||
that, under the circumstances surrounding the actor's conduct as | ||
the actor believes them to be, would: | ||
(1) constitute an offense under Chapter 43 or an | ||
offense involving sexual activity the occurrence of which would | ||
subject the actor to criminal liability under Chapter 20A, 21, or | ||
22; or | ||
(2) make the child a party to the commission of an | ||
offense described by Subdivision (1). | ||
(b) An offense under this section is a felony of the third | ||
degree, except that the offense is a felony of the second degree if | ||
the actor has previously been convicted of an offense under: | ||
(1) Chapter 20A, if the offense involved conduct | ||
described by Section 20A.02(a)(7) or (8); | ||
(2) Section 21.02; | ||
(3) Section 21.11; | ||
(4) Section 22.011, if the victim of the offense was a | ||
child under 18 years of age; or | ||
(5) Section 22.021, if the victim of the offense was a | ||
child under 18 years of age. | ||
(c) It is an affirmative defense to prosecution under this | ||
section that the actor is under the age of 18 and: | ||
(1) the actor engaged in conduct described by | ||
Subsection (a) with respect to another child under the age of 18: | ||
(A) who is not more than three years older or | ||
younger than the actor and with whom the actor had a dating | ||
relationship at the time of the offense; or | ||
(B) who was the spouse of the actor at the time of | ||
the offense; and | ||
(2) the conduct occurred only between the actor and | ||
the other child described by Subdivision (1). | ||
(d) 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 but not both sections. | ||
SECTION 2. This Act takes effect September 1, 2023. |