(a)Sexual abuse is a subset of the statutory definitions
of abuse that appear in Texas Family Code §261.001(1) and includes
the following acts or omissions by a person:
(1)Sexual conduct harmful to a child's mental, emotional,
or physical welfare, including:
(A)Conduct that constitutes the offense of continuous
sexual abuse of young child or disabled individual [children
] under §21.02, Penal Code;
(B) - (D)(No change.)
(2)(No change.)
(3)Compelling or encouraging the child to engage in
sexual conduct as defined by §43.01, Penal Code, including compelling
or encouraging the child in a manner that constitutes an offense of:
(A)(No change.)
(B)Solicitation of prostitution [Prostitution
] under §43.021 [§43.02(b)],
Penal Code; or
(C)(No change.)
(4) - (5)(No change.)
(b)In this section, the following terms have the following
meanings:
(1) - (2)(No change.)
(3) "Pornographic" or "pornography" means material
that visually depicts a child younger than 18 years of age at the
time the image of the child was made who is engaging in sexual conduct in
accordance with Texas Penal Code §43.26.
(4)[(3)] "Sexual conduct harmful
to a child's mental, emotional or physical welfare" includes but is
not limited to rape; incest; sodomy; inappropriate touching of the
child's anus, breast, or genitals, including touching under or on
top of the child's clothing; deliberately exposing one's anus, breast,
or any part of the genitals to a child; touching the child in a sexual
manner or directing sexual behavior towards the child; showing pornography
to a child; encouraging a child to watch or hear sexual acts; compelling,
encouraging, or permitting a child to engage in prostitution; watching
a child undress, shower, or use the bathroom with the intent to arouse
or gratify one's sexual desire; voyeurism; sexually oriented acts,
which may or may not include sexual contact or touching with intent
to arouse or gratify the sexual desire of any person; and any sexually
oriented act or practice that would cause a reasonable child under
the same circumstance to feel uncomfortable or intimidated or that
results in harm or substantial risk of harm to a child's growth, development,
or psychological functioning.
(c)For purposes of subparagraph (A) of paragraph
(1) of subsection (a), we will investigate conduct that constitutes
continuous sexual abuse of a child as long the child is under 18 years
of age and regardless of any disabilities the child may have. [
For purposes of paragraph (4) of subsection (a), pornographic has
the same meaning as specified in Texas Penal Code §43.26.]
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on June 15, 2022
TRD-202202257 Vicki Kozikoujekian
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: July 31, 2022
For further information, please call: (512) 929-6824
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