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  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