78th Texas Legislature, Regular Session, House Bill 236, Chapter 1005 Page: 1 of 12

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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

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Texas. Legislature. House of Representatives. 78th Texas Legislature, Regular Session, House Bill 236, Chapter 1005, legislative document, June 20, 2003; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth158433/m1/1/ocr/: accessed July 30, 2016), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.