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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of sexual coercion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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: |
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(1) with the intent to coerce another person either to |
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engage in sexual conduct or to produce, provide, or distribute |
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intimate visual material, the actor communicates a threat: |
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(A) against the other person's person, property, |
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or reputation; or |
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(B) to distribute or cause distribution of |
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intimate visual material of the other person; or |
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(2) the actor knowingly causes another person to |
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engage in sexual conduct or to produce, provide, or distribute |
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intimate visual material, by means of a threat: |
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(A) against the other person's person, property, |
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or reputation; or |
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(B) to distribute or cause distribution of |
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intimate visual material of the other person. |
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(c) 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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(d) 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: |
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(1) it is shown on the trial of the offense that the |
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defendant has previously been convicted of an offense under this |
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section; or |
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(2) the victim was younger than 18 years of age at the |
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time of the offense. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2017. |