Bill Text: TX SB978 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the prosecution and punishment of the criminal offense of possession or promotion of lewd visual material depicting a child; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Criminal Justice [SB978 Detail]
Download: Texas-2021-SB978-Introduced.html
| 87R10554 KJE-F | ||
| By: Hall | S.B. No. 978 | |
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| relating to the prosecution and punishment of the criminal offense | ||
| of possession or promotion of lewd visual material depicting a | ||
| child; increasing a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 43.262, Penal Code, is amended by | ||
| amending Subsections (b) and (c) and adding Subsections (c-1) and | ||
| (c-2) to read as follows: | ||
| (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; and | ||
| (2) appeals to the prurient interest in sex[ |
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| (c) Except as provided by Subsection (c-1) or (c-2), an [ |
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| 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. | ||
| (c-1) Subject to Subsection (c-2), an offense under this | ||
| section is a felony of the second degree if the offense is: | ||
| (1) based on the promotion of visual material; and | ||
| (2) committed by a corporation, association, limited | ||
| liability company, or other entity or organization governed by the | ||
| Business Organizations Code or an individual acting in the name of | ||
| or in behalf of such an entity or organization. | ||
| (c-2) An offense otherwise punishable under Subsection | ||
| (c-1) is a felony of the first degree if it is shown on the trial of | ||
| the offense that the actor has been previously convicted one or more | ||
| times of: | ||
| (1) an offense punishable under Subsection (c-1); or | ||
| (2) an offense under Section 43.26. | ||
| SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
