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Relating to increasing the criminal penalties for the offenses of producing, directing, or promoting a sexual performance by a child and possessing child pornography.
Estimated Two-year Net Impact to General Revenue Related Funds for HB 3588, As
Introduced: an impact of $0 through the biennium ending August 31, 2021.
The bill would make no appropriation but could provide the legal basis for an appropriation of
funds to implement the provisions of the bill.
HB 3588 would increase the penalty for: (1) sexual performance by a child to second degree felony if the victim is above 14 years old and a first degree felony if the victim is under 14 years old, and (2) possession of child pornography to a second degree felony, and a repeat offense to a first degree felony.
Texas Action remains neutral on HB 3588. While we generally oppose penalty increases, here there are sufficient mens rea protections for these crimes (a defendant must knowingly and intentionally commit these offenses), and the nature of the crimes are especially heinous. Therefore, the penalty increases provided for in this bill seem proportionate to the crimes.