TITLE: 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.

SUMMARY: 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.

FULL TEXT:
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 Bmisdemeanor, 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 Bmisdemeanor, 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.