"Sexual Conduct" (incluiding hand jobs) now a "State jail felony" in Texas!
Offering to pay or agreeing to pay for "sexual conduct" is now a felony in Texas. "Sexual conduct" includes contact with hands only: See definitions, below.
TEXAS PENAL CODE. Effective September 1, 2021.
Sec. 43.021. SOLICITATION OF PROSTITUTION.
(a) A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
(b) An offense under Subsection (a) is a state jail felony, except that the offense is:
(1) a felony of the third degree if the actor has previously been convicted of an offense under Subsection (a) or under Section 43.02 (b), as that law existed before September 1, 2021; or.
(2) a felony of the second degree if the person with whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense;.
(B) represented to the actor as being younger than 18 years of age; or.
(C) believed by the actor to be younger than 18 years of age.
(c) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and that subchapter. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is considered to have been previously convicted of an offense under this section or under Section 43.02 (b), as that law existed before September 1, 2021, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
Added by Acts 2021,87th Leg. , are. S. , Ch. 807 (H. B. 1540), Sec. 28, eff. September 1, 2021.
Amended by:
Acts 2021,87th Leg. , are. S. , Ch. 807 (H. B. 1540), Sec. 29, eff. September 1, 2021.
Acts 2021,87th Leg. , are. S. , Ch. 807 (H. B. 1540), Sec. 30, eff. September 1, 2021.
TEXAS PENAL CODE -- Sec. 43.01. DEFINITIONS.
(3) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse.
(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.
_Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1. 07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or.
(2) the individual has previously been finally convicted of any felony:
(A) under Section 20 A. 03 or 21.02 or listed in Article 42 A. 054 (a), Code of Criminal Procedure; or.
(B) for which the judgment contains an affirmative finding under Article 42 A. 054 (c) or (d), Code of Criminal Procedure.
Added by Acts 1993,73rd Leg, ch. 900, Sec. 1. 01, eff. Sept. 1, 1994.
Amended by:
Acts 2007,80th Leg, r. S, Ch. 593 (H. B. 8), Sec. 3. 48, eff. September 1, 2007.
Acts 2011,82nd Leg, r. S, Ch. 122 (H. B. 3000), Sec. 13, eff. September 1, 2011.
Acts 2015,84th Leg, r. S, Ch. 770 (H. B. 2299), Sec. 2. 81, eff. January 1, 2017.
8 felony prostitution arrests under Texas' new law
[URL]https://www.dps.texas.gov/news/dps-arrests-eight-solicitation-prostitution-joint-operation-dps-west-texas-region[/URL]
September 21,2021.
Is your masseuse secretly making a video of your naked body?
[URL]https://www.kwtx.com/content/news/Tapes-from-local-massage-parlor-raids-yield-another-arrest-478808683.html[/URL]
After raiding a massage parlor, police found video recordings of naked male customers made by the owner or employees of the parlor and used them to identify and arrest customers.