Bill
HB 1808
85(R) - 2017
House State Affairs
Senate Criminal Justice
House State Affairs
Senate Criminal Justice
Children
Crimes
Human Trafficking
Vote Recommendation
Yes
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Neutral
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Neutral
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Positive
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Neutral
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Positive
Author(s)
Morgan Meyer
Co-Author(s)
Ina Minjarez
Sponsor(s)
Sylvia Garcia
Co-Sponsor(s)
Charles Perry
Bill Caption
Relating to the prosecution and punishment of certain trafficking and sexual offenses; creating a criminal offense.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
HB 1808 would create a new crime called sexual coercion. A person would commit an offense if they intentionally threaten, including by coercion or extortion, to commit certain sexual offenses, and if in return for not committing the threatened offense they receive intimate visual material, or an act involving sexual conduct causing arousal or gratification. It would also be considered sexual coercion if a person threatens homicide, kidnapping, unlawful restraint, smuggling of persons, or the trafficking of children if a person does not comply with demands for certain sexual acts.
This bill specifies that this would apply to a threat communicated by any means. This crime would be punishable as a state jail felony. If it is shown at trial that a person has previously been convicted of this crime it would be punished as a third-degree felony.
This bill would also slightly modify some of the rules relating to certain sexual offenses, including trafficking, sex abuse with a minor, indecency, sexual assault, promotion of prostitution and compelling prostitution. If this bill passes, the code would clarify that these crimes are offenses regardless of whether the actor knows the age of the victim at the time of the offense.
Vote Recommendation Notes
The offenses this bill addresses are terrible crimes. It is hard to understand how sexual coercion as defined in this bill is not already punishable under current statute; however to the extent that they may not be, we agree that they should be. The punishments proposed do not appear to be disproportionate to the crime. For this reason we support this legislation which protects the liberty of victims and holds criminals responsible.
Organizations Supporting
Texas Catholic Conference of Bishops
Texas Impact