Bill Text: TX SB1464 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation of the offense of possession or promotion of obscene visual material depicting a child.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Criminal Justice [SB1464 Detail]
Download: Texas-2017-SB1464-Introduced.html
85R5907 MEW-F | ||
By: Buckingham | S.B. No. 1464 |
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relating to the creation of the offense of possession or promotion | ||
of obscene visual material depicting a child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended | ||
by adding Section 43.262 to read as follows: | ||
Sec. 43.262. POSSESSION OR PROMOTION OF OBSCENE VISUAL | ||
MATERIAL DEPICTING A CHILD. (a) In this section: | ||
(1) "Promote" and "sexual conduct" have the meanings | ||
assigned by Section 43.25. | ||
(2) "Visual material" has the meaning assigned by | ||
Section 43.26. | ||
(b) A person commits an offense if the person: | ||
(1) knowingly possesses, accesses with intent to view, | ||
or promotes obscene visual material that depicts the lewd | ||
exhibition of the genitals or pubic area of a child who is younger | ||
than 18 years of age at the time the visual material was created, | ||
and who is partially clothed or clothed in inappropriate attire, | ||
considering the age of the child, and: | ||
(A) the focal point of the visual material is the | ||
child's genitalia or pubic area; | ||
(B) the setting or pose of the child is sexually | ||
suggestive or generally associated with sexual conduct; | ||
(C) the child is depicted in an unnatural pose; | ||
(D) the visual material suggests sexual coyness | ||
or a willingness to engage in sexual conduct; or | ||
(E) the visual material is intended or designed | ||
to elicit a sexual response from the viewer; and | ||
(2) knows that the material depicts the child as | ||
described by Subdivision (1). | ||
(c) An 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. | ||
(d) It is not a defense to prosecution under this section | ||
that the depicted child consented to the creation of the visual | ||
material. | ||
SECTION 2. This Act takes effect September 1, 2017. |