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A BILL TO BE ENTITLED
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AN ACT
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relating to certain sexual offenses; creating a criminal offense; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.16(g), Penal Code, as added by |
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Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular |
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Session, 2015, is amended to read as follows: |
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(g) An offense under this section is a state jail felony |
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[Class A misdemeanor]. |
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SECTION 2. Chapter 21, Penal Code, is amended by adding |
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Section 21.18 to read as follows: |
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Sec. 21.18. SEXUAL COERCION. (a) In this section: |
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(1) "Intimate visual material" means the visual |
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material described by Section 21.16(b)(1) or (c), as added by |
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Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular |
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Session, 2015. |
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(2) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(b) A person commits an offense if the person intentionally |
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threatens, including by coercion or extortion, to commit an offense |
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under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, |
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21.08, 21.11, 21.12, 21.15, 21.16, as added by Chapter 852 (S.B. |
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1135), Acts of the 84th Legislature, Regular Session, 2015, 21.16, |
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as added by Chapter 676 (H.B. 207), Acts of the 84th Legislature, |
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Regular Session, 2015, 22.011, or 22.021 to obtain, in return for |
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not committing the threatened offense or in connection with the |
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threatened offense, any of the following benefits: |
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(1) intimate visual material; |
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(2) an act involving sexual conduct causing arousal or |
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gratification; or |
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(3) a monetary benefit or other benefit of value. |
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(c) A person commits an offense if the person intentionally |
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threatens, including by coercion or extortion, to commit an offense |
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under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to |
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obtain, in return for not committing the threatened offense or in |
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connection with the threatened offense, either of the following |
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benefits: |
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(1) intimate visual material; or |
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(2) an act involving sexual conduct causing arousal or |
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gratification. |
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(d) This section applies to a threat regardless of how that |
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threat is communicated, including a threat transmitted through |
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e-mail or an Internet website, social media account, or chat room |
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and a threat made by other electronic or technological means. |
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(e) An offense under this section is a state jail felony, |
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except that the offense is a felony of the third degree if it is |
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shown on the trial of the offense that the defendant has previously |
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been convicted of an offense under this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2017. |