bill making enticing a child a felony

The text as introduced · 1,119 words

89R5321 JCG-F

By: Gerdes
H.B. No. 1668

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for the offense of

enticing a child and to the applicability of sex offender

registration requirements to that offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.04, Penal Code, is amended by

amending Subsection (b) and adding Subsection (c) to read as

follows:

(b) Except as provided by Subsection (c), an [ An ] offense

under this section is a [ Class B misdemeanor, unless it is shown on

the trial of the offense that the actor intended to commit a felony

against the child, in which event an offense under this section is

a ] felony of the third degree.

(c) An offense under this section is a felony of the second

degree if it is shown on the trial of the offense that the actor

intended to violate or abuse the child sexually.

SECTION 2. Articles 62.001(5) and (6), Code of Criminal

Procedure, are amended to read as follows:

(5) "Reportable conviction or adjudication" means a

conviction or adjudication, including an adjudication of

delinquent conduct or a deferred adjudication, that, regardless of

the pendency of an appeal, is a conviction for or an adjudication

for or based on:

(A) a violation of Section 21.02 (Continuous

sexual abuse of young child or disabled individual), 21.09

(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual

assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited

sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated

promotion of prostitution), 43.05 (Compelling prostitution), 43.25

(Sexual performance by a child), or 43.26 (Possession or promotion

of child pornography), Penal Code;

(B-1) a violation of Section 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(C) a violation of Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the actor committed the

offense or engaged in the conduct with intent to violate or abuse

the victim sexually;

(D) a violation of Section 30.02 (Burglary),

Penal Code, if the offense or conduct is punishable under

Subsection (d) of that section and the actor committed the offense

or engaged in the conduct with intent to commit a felony listed in

Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful

restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),

Penal Code, if, as applicable:

(i) the judgment in the case contains an

affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers

in the case contain an affirmative finding that the victim or

intended victim was younger than 17 years of age;

(F) the second violation of Section 21.08

(Indecent exposure), Penal Code, but not if the second violation

results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as

defined by Chapter 15, Penal Code, to commit an offense or engage in

conduct listed in Paragraph (A), (B), (C), (D), (E), (K), [ or ] (L) ,

or (M) ;

(H) a violation of the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),

(G), (J), (K), [ or ] (L), or (M), but not if the violation results in

a deferred adjudication;

(I) the second violation of the laws of another

state, federal law, the laws of a foreign country, or the Uniform

Code of Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of the offense of indecent exposure, but not if the second violation

results in a deferred adjudication;

(J) a violation of Section 33.021 (Online

solicitation of a minor), Penal Code;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code; [ or ]

(L) a violation of Section 20A.03 (Continuous

trafficking of persons), Penal Code, if the offense is based partly

or wholly on conduct that constitutes an offense under Section

20A.02(a)(3), (4), (7), or (8) of that code ; or

(M) a violation of Section 25.04 (Enticing a

child), Penal Code, if the offense or conduct is punishable under

Subsection (c) of that section .

(6) "Sexually violent offense" means any of the

following offenses committed by a person 17 years of age or older:

(A) an offense under Section 21.02 (Continuous

sexual abuse of young child or disabled individual), 21.11(a)(1)

(Indecency with a child), 22.011 (Sexual assault), or 22.021

(Aggravated sexual assault), Penal Code;

(B) an offense under Section 43.25 (Sexual

performance by a child), Penal Code;

(C) an offense under Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the defendant committed the

offense with intent to violate or abuse the victim sexually;

(D) an offense under Section 30.02 (Burglary),

Penal Code, if the offense is punishable under Subsection (d) of

that section and the defendant committed the offense with intent to

commit a felony listed in Paragraph (A) or (C) of Subdivision (5);

[ or ]

(E) an offense under Section 25.04 (Enticing a

child), Penal Code, if the offense is punishable under Subsection

(c) of that section; or

(F) an offense under the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice if the offense contains elements that are

substantially similar to the elements of an offense listed under

Paragraph (A), (B), (C), [ or ] (D) , or (E) .

SECTION 3. Section 411.1471(a), Government Code, is amended

to read as follows:

(a) This section applies to a defendant who is:

(1) arrested for any offense punishable as a felony;

or

(2) convicted of an offense:

(A) under Title 5, Penal Code, that is punishable

as a Class A misdemeanor, except for an offense punishable as a

Class A misdemeanor under Section 22.05, Penal Code; or

(B) punishable as a Class A or B misdemeanor, as

applicable, under Section 21.08[ , 25.04, ] or 43.24, Penal Code.

SECTION 4. 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 5. This Act takes effect September 1, 2025.