BILL ANALYSIS

C.S.H.B. 1443

By: Schatzline

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

State law currently criminalizes the possession with intent to promote of obscene devices, which could include child-like sex dolls that are anatomically correct and designed to resemble children for the purpose of sexual gratification. The bill author has informed the committee that these dolls are widely regarded as harmful, reinforcing dangerous behavior that exploits the likeness of minors, but that the existing six-device threshold under the law allows individuals to exploit a loophole by keeping their inventory below the threshold. Furthermore, state law does not currently criminalize possession without intent to promote, leaving a significant gap in enforcement against and deterrence of obscene devices like child-like sex dolls. C.S.H.B. 1443 seeks to close that gap and strengthen state law against child-like sex dolls by creating felony offenses for certain possession and promotion of these dolls and by providing a two-doll threshold for purposes of establishing the presumption that the person possessed the dolls with the intent to promote them.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1443 amends the Penal Code to create the following offenses:

·a state jail felony for a person who knowingly possesses a child-like sex doll;

·a third degree felony for a person who knowingly possesses, with the intent to promote, such a doll; and

·a second degree felony for a person who knowingly promotes such a doll.

The bill defines "child-like sex doll" as an obscene, anatomically correct doll, mannequin, or robot that has the features of a child and that is intended to be used for sexual stimulation or gratification. The bill establishes that a person who possesses two or more child-like sex dolls is presumed to possess the dolls with the intent to promote the dolls.

C.S.H.B. 1443 establishes as an affirmative defense to prosecution for these offenses that the actor who possesses or promotes the child-like sex doll for a bona fide law enforcement purpose.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1443 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute increases the penalty for a person who knowingly possesses, with the intent to promote, a child-like sex doll from a Class A misdemeanor, as in the introduced, to a third degree felony, and for a person who knowingly promotes such a doll from a third degree felony, as in the introduced, to a second degree felony. The substitute also creates a state jail felony offense for a person who knowingly possesses such a doll, whereas the introduced did not create this offense.

The substitute lowers the minimum number of child-like sex dolls the possession of which triggers the presumption that the person who possesses the dolls does so with the intent to promote the dolls from six, as in the introduced, to two.