S.B. No. 344
  relating to the prosecution of the offense of online solicitation
  of a minor.
         SECTION 1.  Section 33.021(a)(1), Penal Code, is amended to
  read as follows:
               (1)  "Minor" means:
                     (A)  an individual who is [represents himself or
  herself to be] younger than 17 years of age; or
                     (B)  an individual whom the actor believes to be
  younger than 17 years of age.
         SECTION 2.  Section 33.021, Penal Code, is amended by
  amending Subsections (b), (d), and (e) to read as follows:
         (b)  A person who is 17 years of age or older commits an
  offense if, with the intent to commit an offense listed in Article
  62.001(5)(A), (B), or (K), Code of Criminal Procedure [arouse or
  gratify the sexual desire of any person], the person, over the
  Internet, by electronic mail or text message or other electronic
  message service or system, or through a commercial online service,
               (1)  communicates in a sexually explicit manner with a
  minor; or
               (2)  distributes sexually explicit material to a minor.
         (d)  It is not a defense to prosecution under Subsection (c)
               [(1)]  the meeting did not occur[;
               [(2)     the actor did not intend for the meeting to occur;
               [(3)     the actor was engaged in a fantasy at the time of
  commission of the offense].
         (e)  It is a defense to prosecution under this section that
  at the time conduct described by Subsection [(b) or] (c) was
               (1)  the actor was married to the minor; or
               (2)  the actor was not more than three years older than
  the minor and the minor consented to the conduct.
         SECTION 3.  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 4.  This Act takes effect September 1, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 344 passed the Senate on
  April 9, 2015, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 344 passed the House on
  May 5, 2015, by the following vote:  Yeas 146, Nays 0, one present
  not voting.
  Chief Clerk of the House