Bill Text: TX HB1810 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 1810 (Prior Session Legislation)

Bill Title: Relating to the creation of the offense of possession or promotion of lewd visual material depicting a child.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB1810 Detail]

Download: Texas-2017-HB1810-Enrolled.html



	H.B. No. 1810




	AN ACT
	relating to the creation of the offense of possession or promotion
	of lewd visual material depicting 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. POSSESSION OR PROMOTION OF LEWD VISUAL
	MATERIAL DEPICTING CHILD. (a) In this section:
	(1) "Promote" and "sexual conduct" have the meanings
	assigned by Section 43.25.
	(2) "Visual material" has the meaning assigned by
	Section 43.26.
	(b) A person commits an offense if the person knowingly
	possesses, accesses with intent to view, or promotes visual
	material that:
	(1) depicts the lewd exhibition of the genitals or
	pubic area of an unclothed, partially clothed, or clothed child who
	is younger than 18 years of age at the time the visual material was
	created;
	(2) appeals to the prurient interest in sex; and
	(3) has no serious literary, artistic, political, or
	scientific value.
	(c) An offense under this section is a state jail felony,
	except that the offense is:
	(1) a felony of the third degree if it is shown on the
	trial of the offense that the person has been previously convicted
	one time of an offense under this section or Section 43.26; and
	(2) a felony of the second degree if it is shown on the
	trial of the offense that the person has been previously convicted
	two or more times of an offense under this section or Section 43.26.
	(d) It is not a defense to prosecution under this section
	that the depicted child consented to the creation of the visual
	material.
	SECTION 2. This Act takes effect September 1, 2017.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 1810 was passed by the House on May 9,
	2017, by the following vote: Yeas 147, Nays 0, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 1810 was passed by the Senate on May
	19, 2017, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor