The 85th Texas Legislature created a new law in 2017 called Sexual Coercion, which makes it illegal to obtain money, sexual services or “intimate visual material” (as in naked pictures) by threat or the promise to not commit a crime against someone.
SEXUAL COERCION ATTORNEY FAQs
The creation of this law followed a series of high-profile incidents involving romantic scams, where victims were conned into sending naked pictures after being misled or threatened by anonymous strangers on the internet.
Have you been charged with Sexual Coercion? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
We classify it as a sex crime, but it is often an internet crime.
What is the current Texas law about Sexual Coercion?
The current Texas law defines the offense of Sexual Coercion in Penal Code Section §21.18 as follows:[1]
(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or gratification; or
(3) a monetary benefit or other benefit of value.
(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1) intimate visual material; or
(2) an act involving sexual conduct causing arousal or gratification.
“Intimate visual material” is defined in the statute as “the visual material described by Section 21.16(b)(1) or (c).”[2] Section 21.16 of the Penal Code is the Voyeurism offense. And “Sexual conduct” is defined as “having the meaning assigned by Section 43.25“[3] which is a broad definition found in the Sexual Performance by a Child offense statute.
This law was created by the 85th Texas Legislature in 2017.[4] and was codified at Section 21.18 in the Texas Penal Code. H.B. 2552 created a suite of laws aimed at helping to eliminate sex trafficking, and this new Sexual Coercion law took effect September 1, 2017.[5]
How can I be charged with Sexual Coercion?
You can be charged with Sexual Coercion if the state’s attorneys believe that each of the elements of either 21.18(b) or 21.18(c), as described in the section above, have been met.
What is the penalty for a Sexual Coercion conviction?
The law is penalized as a state jail felony, but it can be enhanced to a third degree felony if the state’s attorney proves that you are a repeat offender of this law.[6]
Legal References:
^1. Texas Penal Code §21.18^2. Penal Code §21.18(a)(1), as created by House Bill 2252, 85th Texas Legislature, Section 16, effective September 1, 2017^3. Penal Code §21.18(a)(2), as created by House Bill 2252, 85th Texas Legislature, Section 16, effective September 1, 2017^4. House Bill 2252, 85th Texas Legislature^5. House Bill 2252, 85th Texas Legislature, Sections 25-28^6. Penal Code §21.18(e), as created by House Bill 2252, 85th Texas Legislature, Section 16, effective September 1, 2017
