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Text of subsection as added by Acts 2017, 85th Leg., R. 13 (c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense. POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD. (a) For purposes of this section, " visual material" has the meaning assigned by Section 43.26.(b) A business that develops or processes visual material and determines that the material may be evidence of a criminal offense under this subchapter shall report the existence of the visual material to a local law enforcement agency. Many state and local governments have taken steps to encourage and facilitate fiber conduit deployment as part of public works projects like road construction.Similarly, in November 2009, the Federal Communications Commission (FCC) established timelines for states and localities to process permit requests to build and locate wireless equipment on towers.

Securing rights to this infrastructure is often a difficult and time-consuming process that discourages private investment.

(a) A person commits an offense if:(1) the person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual 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, including a child who engages in sexual conduct as a victim of an offense under Section 20A.02(a)(5), (6), (7), or (8); and(2) the person knows that the material depicts the child as described by Subdivision (1).(b) In this section:(1) "Promote" has the meaning assigned by Section 43.25.(2) "Sexual conduct" has the meaning assigned by Section 43.25.(3) "Visual material" means:(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.(d) An offense under Subsection (a) is a felony of the third degree, except that the offense is:(1) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under that subsection; and(2) a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under that subsection.(e) A person commits an offense if:(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and(2) the person knows that the material depicts the child as described by Subsection (a)(1).(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.(g) An offense under Subsection (e) is a felony of the second degree, except that the offense is a felony of the first degree if it is shown on the trial of the offense that the person has been previously convicted of an offense under that subsection.(h) It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:(1) possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;(2) allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and(3) took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).

(a) In this section:(1) "Dating relationship" has the meaning assigned by Section 71.0021, Family Code.(2) "Minor" means a person younger than 18 years of age.(3) "Produce" with respect to visual material includes any conduct that directly contributes to the creation or manufacture of the material.(4) "Promote" has the meaning assigned by Section 43.25.(5) "Sexual conduct" has the meaning assigned by Section 43.25.(6) "Visual material" has the meaning assigned by Section 43.26.(b) A person who is a minor commits an offense if the person intentionally or knowingly:(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.(c) An offense under Subsection (b)(1) is a Class C misdemeanor, except that the offense is:(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor:(A) promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or(B) except as provided by Subdivision (2)(A), has previously been convicted one time of any offense under this section; or(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been:(A) convicted one or more times of an offense punishable under Subdivision (1)(A); or(B) convicted two or more times of any offense under this section.(d) An offense under Subsection (b)(2) is a Class C misdemeanor, except that the offense is:(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section.(e) It is an affirmative defense to prosecution under this section that the visual material:(1) depicted only the actor or another minor:(A) who is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or(B) who was the spouse of the actor at the time of the offense; and(2) was promoted or received only to or from the actor and the other minor.(f) It is a defense to prosecution under Subsection (b)(2) that the actor:(1) did not produce or solicit the visual material;(2) possessed the visual material only after receiving the material from another minor; and(3) destroyed the visual material within a reasonable amount of time after receiving the material from another minor.(g) If conduct that constitutes an offense under this section also constitutes an offense under another law, the defendant may be prosecuted under this section, the other law, or both.(h) Notwithstanding Section 51.13, Family Code, a finding that a person has engaged in conduct in violation of this section is considered a conviction for the purposes of Subsections (c) and (d).

First, government should take steps to improve utilization of existing infrastructure to ensure that network providers have easier access to poles, conduits, ducts and rights-of-way.

Second, the federal government should foster further infrastructure deployment by facilitating the placement of communications infrastructure on federally managed property and enacting “dig once” legislation.

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