2015.67: Texas Legislature Outlaws Sex

 Posted on July 18,2015 in Uncategorized

From Texas Penal Code Section 43.02, effective September 1:

(a) A person commits an offense if, in return for receipt of a fee, the person knowingly:(1) offers to engage, agrees to engage, or engages in sexual conduct; or(2) solicits another in a public place to engage with the actor in sexual conduct for hire.(b) A person commits an offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person knowingly:(1) offers to engage, agrees to engage, or engages in sexual conduct; or(2) solicits another in a public place to engage with the actor in sexual conduct for hire.(b-1) An offense is established under Subsection (a) regardless of whether the actor is offered or actually receives the fee. An offense is established under Subsection (b) regardless of whether the actor or another person on behalf of the actor offers or actually pays the fee.

So if you engage in sexual conduct in return for receipt of a fee, you commit a crime regardless of whether you received or even were offered a fee.

We might guess what the Texas Legislature meant to do here:

An offense is established under Subsection (a) whether the actor is offered or actually receives the fee. An offense is established under Subsection (b) whether the actor or another person on behalf of the actor offers or actually pays the fee.

Unfortunately, elections select for neither writing ability nor intelligence, so we wind up with grammatical abominations such as this (thanks again, Joan Huffman!).

(H/T @TDCAA.)