78th Texas Legislature, Regular Session, House Bill 236, Chapter 1005 Page: 2 of 12
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H.B. No. 236
1 (3) an image created, adapted, or modified to be the
2 image of an identifiable child.
3 (i) In this section, "identifiable child" means a person,
4 recognizable as an actual person by the person's face, likeness, or
5 other distinguishing characteristic, such as a unique birthmark or
6 other recognizable feature:
7 (1) who was younger than 18 years of age at the time
8 the visual depiction was created, adapted, or modified; or
9 (2) whose image as a person younger than 18 years of
10 age was used in creating, adapting, or modifying the visual
12 (j) An attorney representing the state who seeks an increase
13 in punishment under Subsection (h)(3) is not required to prove the
14 actual identity of an identifiable child.
15 SECTION 2. Section 12.42(c)(2), Penal Code, is amended to
16 read as follows:
17 (2) A defendant shall be punished by imprisonment in
18 the institutional division for life if:
19 (A) the defendant is convicted of an offense:
20 (i) under Section 22.021 or 22.011, Penal
22 (ii) under Section 20.04(a) (4), Penal Code,
23 if the defendant committed the offense with the intent to violate or
24 abuse the victim sexually; or
25 (iii) under Section 30.02, Penal Code,
26 punishable under Subsection (d) of that section, if the defendant
27 committed the offense with the intent to commit a felony described
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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/m1/2/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.