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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of online solicitation |
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of a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.021(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Minor" means: |
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(A) an individual who is [represents himself or
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herself to be] younger than 17 years of age; or |
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(B) an individual whom the actor believes to be |
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younger than 17 years of age. |
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SECTION 2. Section 33.021, Penal Code, is amended by |
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amending Subsections (b), (d), and (e) to read as follows: |
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(b) A person who is 17 years of age or older commits an |
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offense if, with the intent to commit an offense listed in Article |
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62.001(5)(A), (B), or (K), Code of Criminal Procedure [arouse or
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gratify the sexual desire of any person], the person, over the |
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Internet, by electronic mail or text message or other electronic |
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message service or system, or through a commercial online service, |
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intentionally: |
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(1) communicates in a sexually explicit manner with a |
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minor; or |
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(2) distributes sexually explicit material to a minor. |
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(d) It is not a defense to prosecution under Subsection (c) |
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that[:
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[(1)] the meeting did not occur[;
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[(2)
the actor did not intend for the meeting to occur;
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or
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[(3)
the actor was engaged in a fantasy at the time of
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commission of the offense]. |
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(e) It is a defense to prosecution under this section that |
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at the time conduct described by Subsection [(b) or] (c) was |
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committed: |
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(1) the actor was married to the minor; or |
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(2) the actor was not more than three years older than |
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the minor and the minor consented to the conduct. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |