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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of possession or promotion |
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of obscene visual material depicting a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.262 to read as follows: |
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Sec. 43.262. POSSESSION OR PROMOTION OF OBSCENE VISUAL |
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MATERIAL DEPICTING A CHILD. (a) In this section: |
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(1) "Promote" and "sexual conduct" have the meanings |
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assigned by Section 43.25. |
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(2) "Visual material" has the meaning assigned by |
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Section 43.26. |
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(b) A person commits an offense if the person: |
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(1) knowingly possesses, accesses with intent to view, |
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or promotes obscene visual material that depicts the lewd |
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exhibition of the genitals or pubic area of a child who is younger |
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than 18 years of age at the time the visual material was created, |
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and who is partially clothed or clothed in inappropriate attire, |
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considering the age of the child, and: |
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(A) the focal point of the visual material is the |
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child's genitalia or pubic area; |
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(B) the setting or pose of the child is sexually |
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suggestive or generally associated with sexual conduct; |
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(C) the child is depicted in an unnatural pose; |
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(D) the visual material suggests sexual coyness |
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or a willingness to engage in sexual conduct; or |
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(E) the visual material is intended or designed |
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to elicit a sexual response from the viewer; and |
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(2) knows that the material depicts the child as |
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described by Subdivision (1). |
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(c) An offense under this section is a state jail felony, |
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except that the offense is: |
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(1) a felony of the third degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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one time of an offense under this section or Section 43.26; and |
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(2) a felony of the second degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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two or more times of an offense under this section or Section 43.26. |
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(d) It is not a defense to prosecution under this section |
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that the depicted child consented to the creation of the visual |
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material. |
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SECTION 2. This Act takes effect September 1, 2017. |