By: Garcia	S.B. No. 2238
	(In the Senate - Filed March 10, 2017; March 29, 2017, read
	first time and referred to Committee on Criminal Justice;
	April 27, 2017, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 0; April 27, 2017,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 2238	By:  Whitmire

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of sexual coercion.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 21, Penal Code, is amended by adding
	Section 21.18 to read as follows:
	Sec. 21.18.  SEXUAL COERCION. (a)  In this section:
	(1)  "Intimate visual material" means the visual
	material described by Section 21.16(b)(1) or (c), as added by
	Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular
	Session, 2015.
	(2)  "Sexual conduct" has the meaning assigned by
	Section 43.25.
	(b)  A person commits an offense if:
	(1)  with the intent to coerce another person either to
	engage in sexual conduct or to produce, provide, or distribute
	intimate visual material, the actor communicates a threat:
	(A)  against the other person's person, property,
	or reputation; or
	(B)  to distribute or cause distribution of
	intimate visual material of the other person; or
	(2)  the actor knowingly causes another person to
	engage in sexual conduct or to produce, provide, or distribute
	intimate visual material, by means of a threat:
	(A)  against the other person's person, property,
	or reputation; or
	(B)  to distribute or cause distribution of
	intimate visual material of the other person.
	(c)  This section applies to a threat regardless of how that
	threat is communicated, including a threat transmitted through
	e-mail or an Internet website, social media account, or chat room
	and a threat made by other electronic or technological means.
	(d)  An offense under this section is a state jail felony,
	except that the offense is a felony of the third degree if:
	(1)  it is shown on the trial of the offense that the
	defendant has previously been convicted of an offense under this
	section; or
	(2)  the victim was younger than 18 years of age at the
	time of the offense.
	(e)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	SECTION 2.  This Act takes effect September 1, 2017.
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