CHAPTER 1005 H.B. No. 236 1 AN ACT 2 relating to the punishment for the offense of obscenity and to 3 certain consequences related to convictions for certain sex 4 offenses. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Section 43.23, Penal Code, is amended by 7 amending Subsections (b) and (d) and adding Subsections (h), (i), 8 and (j) to read as follows: 9 (b) Except as provided by Subsection (h), an [An] offense 10 under Subsection (a) is a state jail felony. 11 (d) Except as provided by Subsection (h), an [An] offense 12 under Subsection (c) is a Class A misdemeanor. 13 (h) The punishment for an offense under Subsection (a) is 14 increased to the punishment for a felony of the third degree and the 15 punishment for an offense under Subsection (c) is increased to the 16 punishment for a state jail felony if it is shown on the trial of the 17 offense that obscene material that is the subject of the offense 18 visually depicts activities described by Section 43.21(a) (1) (B) 19 engaged in by: 20 (1) a child younger than 18 years of age at the time 21 the image of the child was made; 22 (2) an image that to a reasonable person would be 23 virtually indistinguishable from the image of a child younger than 24 18 years of age; or
Reference the current page of this Legislative Document.
Texas. Legislature. House of Representatives.78th Texas Legislature, Regular Session, House Bill 236, Chapter 1005,
legislative document,
June 20, 2003;
[Austin, Texas].
(https://texashistory.unt.edu/ark:/67531/metapth158433/m1/1/ocr/:
accessed March 28, 2024),
University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu;
crediting UNT Libraries Government Documents Department.