bill raising the penalty for not reporting child sexual abuse

The text as introduced · 359 words

89R4297 AMF-D

By: Leach
H.B. No. 734

A BILL TO BE ENTITLED

AN ACT

relating to the failure to report child abuse or neglect;

increasing a criminal penalty.

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

SECTION 1. Section 261.109(c), Family Code, is amended to

read as follows:

(c) An offense under Subsection (a-1) is a Class A

misdemeanor, except that the offense is a state jail felony if it is

shown on the trial of the offense that :

(1) the actor intended to conceal the abuse or

neglect ; or

(2) the conduct the actor failed to report:

(A) constitutes the offense of:

(i) continuous sexual abuse of young child

under Section 21.02, Penal Code;

(ii) indecency with a child under Section

21.11, Penal Code;

(iii) sexual assault under Section 22.011,

Penal Code;

(iv) aggravated sexual assault under

Section 22.021, Penal Code;

(v) trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code;

(vi) solicitation of prostitution under

Section 43.021, Penal Code; or

(vii) compelling prostitution under

Section 43.05(a)(2), Penal Code;

(B) is compelling or encouraging the child to

engage in sexual conduct as defined by Section 43.01, Penal Code;

(C) is causing, permitting, encouraging,

engaging in, or allowing the photographing, filming, or depicting

of the child if the person knew or should have known that the

resulting photograph, film, or depiction of the child is obscene as

defined by Section 43.21, Penal Code, or pornographic; or

(D) is causing, permitting, encouraging,

engaging in, or allowing a sexual performance by a child as defined

by Section 43.25, Penal Code .

SECTION 2. 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 that

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 3. This Act takes effect September 1, 2025.