85R6434 LHC-D     By: Meyer H.B. No. 1808       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of certain trafficking   and sexual offenses.          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.  Section 22.011(a), Penal Code, is 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.          SECTION 5.  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)  administers or provides   flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,   or ketamine to the victim of the offense 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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 13.  This Act takes effect September 1, 2017.