H.B. No. 1808

	AN ACT
	relating to the prosecution and punishment of certain trafficking
	and sexual offenses; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 20A.02(b), Penal Code, is amended to
	read as follows:
	(b)  Except as otherwise provided by this subsection, an
	offense under this section is a felony of the second degree.  An
	offense under this section is a felony of the first degree if:
	(1)  the applicable conduct constitutes an offense
	under Subsection (a)(5), (6), (7), or (8), regardless of whether
	the actor knows the age of the child at the time of [the actor
	commits] the offense; or
	(2)  the commission of the offense results in the death
	of the person who is trafficked.
	SECTION 2.  Section 21.02(b), Penal Code, is amended to read
	as follows:
	(b)  A person commits an offense if:
	(1)  during a period that is 30 or more days in
	duration, the person commits two or more acts of sexual abuse,
	regardless of whether the acts of sexual abuse are committed
	against one or more victims; and
	(2)  at the time of the commission of each of the acts
	of sexual abuse, the actor is 17 years of age or older and the victim
	is a child younger than 14 years of age, regardless of whether the
	actor knows the age of the victim at the time of the offense.
	SECTION 3.  Section 21.11(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if, with a child younger
	than 17 years of age, whether the child is of the same or opposite
	sex and regardless of whether the person knows the age of the child
	at the time of the offense, the person:
	(1)  engages in sexual contact with the child or causes
	the child to engage in sexual contact; or
	(2)  with intent to arouse or gratify the sexual desire
	of any person:
	(A)  exposes the person's anus or any part of the
	person's genitals, knowing the child is present; or
	(B)  causes the child to expose the child's anus
	or any part of the child's genitals.
	SECTION 4.  (a) This section takes effect only if the Act of
	the 85th Legislature, Regular Session, 2017, relating to
	nonsubstantive additions to and corrections in enacted codes
	becomes law.
	(b)  Chapter 21, Penal Code, is amended by adding Section
	21.18 to read as follows:
	Sec. 21.18.  SEXUAL COERCION. (a) In this section:
	(1)  "Intimate visual material" means the visual
	material described by Section 21.16(b)(1) or (c).
	(2)  "Sexual conduct" has the meaning assigned by
	Section 43.25.
	(b)  A person commits an offense if the person intentionally
	threatens, including by coercion or extortion, to commit an offense
	under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
	21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to
	obtain, in return for not committing the threatened offense or in
	connection with the threatened offense, any of the following
	benefits:
	(1)  intimate visual material;
	(2)  an act involving sexual conduct causing arousal or
	gratification; or
	(3)  a monetary benefit or other benefit of value.
	(c)  A person commits an offense if the person intentionally
	threatens, including by coercion or extortion, to commit an offense
	under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to
	obtain, in return for not committing the threatened offense or in
	connection with the threatened offense, either of the following
	benefits:
	(1)  intimate visual material; or
	(2)  an act involving sexual conduct causing arousal or
	gratification.
	(d)  This section applies to a threat regardless of how that
	threat is communicated, including a threat transmitted through
	e-mail or an Internet website, social media account, or chat room
	and a threat made by other electronic or technological means.
	(e)  An offense under this section is a state jail felony,
	except that the offense is a felony of the third degree if it is
	shown on the trial of the offense that the defendant has previously
	been convicted of an offense under this section.
	SECTION 5.  (a) This section takes effect only if the Act of
	the 85th Legislature, Regular Session, 2017, relating to
	nonsubstantive additions to and corrections in enacted codes does
	not become law.
	(b)  Chapter 21, Penal Code, is amended by adding Section
	21.18 to read as follows:
	Sec. 21.18.  SEXUAL COERCION. (a) In this section:
	(1)  "Intimate visual material" means the visual
	material described by Section 21.16(b)(1) or (c), as added by
	Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular
	Session, 2015.
	(2)  "Sexual conduct" has the meaning assigned by
	Section 43.25.
	(b)  A person commits an offense if the person intentionally
	threatens, including by coercion or extortion, to commit an offense
	under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
	21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B.
	1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16,
	as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature,
	Regular Session, 2015, 22.011, or 22.021 to obtain, in return for
	not committing the threatened offense or in connection with the
	threatened offense, any of the following benefits:
	(1)  intimate visual material;
	(2)  an act involving sexual conduct causing arousal or
	gratification; or
	(3)  a monetary benefit or other benefit of value.
	(c)  A person commits an offense if the person intentionally
	threatens, including by coercion or extortion, to commit an offense
	under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to
	obtain, in return for not committing the threatened offense or in
	connection with the threatened offense, either of the following
	benefits:
	(1)  intimate visual material; or
	(2)  an act involving sexual conduct causing arousal or
	gratification.
	(d)  This section applies to a threat regardless of how that
	threat is communicated, including a threat transmitted through
	e-mail or an Internet website, social media account, or chat room
	and a threat made by other electronic or technological means.
	(e)  An offense under this section is a state jail felony,
	except that the offense is a felony of the third degree if it is
	shown on the trial of the offense that the defendant has previously
	been convicted of an offense under this section.
	SECTION 6.  Sections 22.011(a) and (b), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if [the person]:
	(1)  the person intentionally or knowingly:
	(A)  causes the penetration of the anus or sexual
	organ of another person by any means, without that person's
	consent;
	(B)  causes the penetration of the mouth of
	another person by the sexual organ of the actor, without that
	person's consent; or
	(C)  causes the sexual organ of another person,
	without that person's consent, to contact or penetrate the mouth,
	anus, or sexual organ of another person, including the actor; or
	(2)  regardless of whether the person knows the age of
	the child at the time of the offense, the person intentionally or
	knowingly:
	(A)  causes the penetration of the anus or sexual
	organ of a child by any means;
	(B)  causes the penetration of the mouth of a
	child by the sexual organ of the actor;
	(C)  causes the sexual organ of a child to contact
	or penetrate the mouth, anus, or sexual organ of another person,
	including the actor;
	(D)  causes the anus of a child to contact the
	mouth, anus, or sexual organ of another person, including the
	actor; or
	(E)  causes the mouth of a child to contact the
	anus or sexual organ of another person, including the actor.
	(b)  A sexual assault under Subsection (a)(1) is without the
	consent of the other person if:
	(1)  the actor compels the other person to submit or
	participate by the use of physical force, [or] violence, or
	coercion;
	(2)  the actor compels the other person to submit or
	participate by threatening to use force or violence against the
	other person or to cause harm to the other person, and the other
	person believes that the actor has the present ability to execute
	the threat;
	(3)  the other person has not consented and the actor
	knows the other person is unconscious or physically unable to
	resist;
	(4)  the actor knows that as a result of mental disease
	or defect the other person is at the time of the sexual assault
	incapable either of appraising the nature of the act or of resisting
	it;
	(5)  the other person has not consented and the actor
	knows the other person is unaware that the sexual assault is
	occurring;
	(6)  the actor has intentionally impaired the other
	person's power to appraise or control the other person's conduct by
	administering any substance without the other person's knowledge;
	(7)  the actor compels the other person to submit or
	participate by threatening to use force or violence against any
	person, and the other person believes that the actor has the ability
	to execute the threat;
	(8)  the actor is a public servant who coerces the other
	person to submit or participate;
	(9)  the actor is a mental health services provider or a
	health care services provider who causes the other person, who is a
	patient or former patient of the actor, to submit or participate by
	exploiting the other person's emotional dependency on the actor;
	(10)  the actor is a clergyman who causes the other
	person to submit or participate by exploiting the other person's
	emotional dependency on the clergyman in the clergyman's
	professional character as spiritual adviser; or
	(11)  the actor is an employee of a facility where the
	other person is a resident, unless the employee and resident are
	formally or informally married to each other under Chapter 2,
	Family Code.
	SECTION 7.  Section 22.021(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense:
	(1)  if the person:
	(A)  intentionally or knowingly:
	(i)  causes the penetration of the anus or
	sexual organ of another person by any means, without that person's
	consent;
	(ii)  causes the penetration of the mouth of
	another person by the sexual organ of the actor, without that
	person's consent; or
	(iii)  causes the sexual organ of another
	person, without that person's consent, to contact or penetrate the
	mouth, anus, or sexual organ of another person, including the
	actor; or
	(B)  regardless of whether the person knows the
	age of the child at the time of the offense, intentionally or
	knowingly:
	(i)  causes the penetration of the anus or
	sexual organ of a child by any means;
	(ii)  causes the penetration of the mouth of
	a child by the sexual organ of the actor;
	(iii)  causes the sexual organ of a child to
	contact or penetrate the mouth, anus, or sexual organ of another
	person, including the actor;
	(iv)  causes the anus of a child to contact
	the mouth, anus, or sexual organ of another person, including the
	actor; or
	(v)  causes the mouth of a child to contact
	the anus or sexual organ of another person, including the actor; and
	(2)  if:
	(A)  the person:
	(i)  causes serious bodily injury or
	attempts to cause the death of the victim or another person in the
	course of the same criminal episode;
	(ii)  by acts or words places the victim in
	fear that any person will become the victim of an offense under
	Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
	bodily injury, or kidnapping will be imminently inflicted on any
	person;
	(iii)  by acts or words occurring in the
	presence of the victim threatens to cause any person to become the
	victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
	to cause the death, serious bodily injury, or kidnapping of any
	person;
	(iv)  uses or exhibits a deadly weapon in the
	course of the same criminal episode;
	(v)  acts in concert with another who
	engages in conduct described by Subdivision (1) directed toward the
	same victim and occurring during the course of the same criminal
	episode; or
	(vi)  with the intent of facilitating the
	commission of the offense, administers or provides [flunitrazepam,
	otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
	the victim of the offense any substance capable of impairing the
	victim's ability to appraise the nature of the act or to resist the
	act [with the intent of facilitating the commission of the
	offense];
	(B)  the victim is younger than 14 years of age,
	regardless of whether the person knows the age of the victim at the
	time of the offense; or
	(C)  the victim is an elderly individual or a
	disabled individual.
	SECTION 8.  Section 43.02, Penal Code, as amended by
	Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
	Legislature, Regular Session, 2015, is amended by reenacting
	Subsection (c) and reenacting and amending Subsection (c-1) to read
	as follows:
	(c)  An offense under Subsection (a) is a Class B
	misdemeanor, except that the offense is:
	(1)  a Class A misdemeanor if the actor has previously
	been convicted one or two times of an offense under Subsection (a);
	or
	(2)  a state jail felony if the actor has previously
	been convicted three or more times of an offense under Subsection
	(a).
	(c-1)  An offense under Subsection (b) is a Class B
	misdemeanor, except that the offense is:
	(1)  a Class A misdemeanor if the actor has previously
	been convicted one or two times of an offense under Subsection (b);
	(2)  a state jail felony if the actor has previously
	been convicted three or more times of an offense under Subsection
	(b); or
	(3)  a felony of the second degree if the person
	solicited is:
	(A)  younger than 18 years of age, regardless of
	whether the actor knows the age of the person solicited at the time
	of [the actor commits] the offense;
	(B)  represented to the actor as being younger
	than 18 years of age; or
	(C)  believed by the actor to be younger than 18
	years of age.
	SECTION 9.  Section 43.03(b), Penal Code, is amended to read
	as follows:
	(b)  An offense under this section is a Class A misdemeanor,
	except that the offense is:
	(1)  a state jail felony if the actor has been
	previously convicted of an offense under this section; or
	(2)  a felony of the second degree if the actor engages
	in conduct described by Subsection (a)(1) or (2) involving a person
	younger than 18 years of age engaging in prostitution, regardless
	of whether the actor knows the age of the person at the time of [the
	actor commits] the offense.
	SECTION 10.  Section 43.04(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is a felony of the third
	degree, except that the offense is a felony of the first degree if
	the prostitution enterprise uses as a prostitute one or more
	persons younger than 18 years of age, regardless of whether the
	actor knows the age of the person at the time of [the actor commits]
	the offense.
	SECTION 11.  Section 43.05(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person knowingly:
	(1)  causes another by force, threat, or fraud to
	commit prostitution; or
	(2)  causes by any means a child younger than 18 years
	to commit prostitution, regardless of whether the actor knows the
	age of the child at the time of [the actor commits] the offense.
	SECTION 12.  Section 43.25, Penal Code, is amended by
	amending Subsections (c) and (e) and adding Subsection (h) to read
	as follows:
	(c)  An offense under Subsection (b) is a felony of the
	second degree, except that the offense is a felony of the first
	degree if the victim is younger than 14 years of age at the time the
	offense is committed, regardless of whether the actor knows the age
	of the victim at the time of the offense.
	(e)  An offense under Subsection (d) is a felony of the third
	degree, except that the offense is a felony of the second degree if
	the victim is younger than 14 years of age at the time the offense is
	committed, regardless of whether the actor knows the age of the
	victim at the time of the offense.
	(h)  Conduct under this section constitutes an offense
	regardless of whether the actor knows the age of the victim at the
	time of the offense.
	SECTION 13.  Section 43.251, Penal Code, is amended by
	amending Subsection (c) and adding Subsection (d) to read as
	follows:
	(c)  An offense under this section is a felony of the second
	degree, except that the offense is a felony of the first degree if
	the victim [child] is younger than 14 years of age at the time the
	offense is committed, regardless of whether the actor knows the age
	of the victim at the time of the offense.
	(d)  Conduct under this section constitutes an offense
	regardless of whether the actor knows the age of the victim at the
	time of the offense.
	SECTION 14.  The changes in law made by this Act apply 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 15.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1808 was passed by the House on May 4,
	2017, by the following vote:  Yeas 146, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1808 on May 26, 2017, by the following vote:  Yeas 142, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1808 was passed by the Senate, with
	amendments, on May 24, 2017, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor