Bill: HB 1810, 85(R) - 2017
Committee
House Criminal Jurisprudence
2nd Chamber Committee
Senate Criminal Justice
Vote Recommendation
Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
Yes |
Neutral |
Neutral |
Neutral |
Positive |
Neutral |
Author(s)
Tony Dale
Sponsor(s)
Dawn Buckingham
Bill Caption
Relating to the creation of the offense of possession or promotion
of lewd visual material depicting a child.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
Under current law, the possession and promotion child pornography is prohibited, however there is not an explicit ban on the possession or promotion of obscene visual material depicting a child.
This bill would specifically prohibit the access with intent to view, or the possession or promotion of obscene visual material depicting the lewd exhibition of the genitals or pubic area of a child who is younger than 18 years old, and who is either unclothed, partially clothed, or clothed. The material would have to appeal to the prurient interest in sex and would have to have no serious literary, artistic, political, or scientific value. If this bill passes, this offense would be a state jail felony, unless the individual has previously been convicted of possession or promotion of child pornography, in which case it would be penalty would be graduated to the next higher offense. If the individual has two previous convictions for the aforementioned crime, the defendant would be punished with a first-degree felony.
Vote Recommendation Notes
This bill is intended to close an existing loophole where an individual may be in possession of obscene visual material, yet that material does not quite constitute pornography. We support the strong prosecutorial standard in which, the individual would have to intentionally access or promote the material knowing that the content of the material depicts a child who was younger than 18 years of age at the time the material was created. In that prohibiting these crimes is the proper role of government, we support HB 1810.
Organizations Supporting
Houston Police Department
Texas Municipal Police Association
Organizations Opposed
Texas Criminal Defense Lawyers Association