HB 2317

This bill makes it an offense for a person to knowingly communicate, solicit, or interact with a minor or mentally compromised individual with the intent to commit, facilitate, or encourage sexual contact, simulated sexual contact, or sexual exploitation of the minor or mentally compromised by any means, including electronic communication. Such an offense is called grooming. It is not a defense that the subject of the offense is a law enforcement officer posing as a minor. As used in this bill:  "Grooming"" means an act, pattern of acts, or communication by an adult with a minor or mentally compromised individual, by any medium including electronic communication, messaging, social media, text, telephone, or in person, that is intended to establish trust, secrecy, emotional connection, or control with a minor or mentally compromised individual with the intent to (i) entice, lure, or solicit the minor or mentally compromised individual to engage in sexual contact, simulated sexual contact, or exploitation; (ii) prepare, condition, or acclimate the minor or mentally compromised individual for sexual contact or exploitation; or (iii) facilitate the commission of a sexual offense against the minor.  ""Mentally compromised individual"" means a person of any chronological age whose mental capacity is limited or compromised to that of a child due to a medically diagnosed condition, including, but not limited to, autism spectrum disorder, Down syndrome, schizophrenia, major depression, debilitating anxiety, intellectual disability, or traumatic brain injury.  ""Simulated sexual contact"" means any computer-generated or otherwise altered depiction that appears to portray a minor or mentally compromised individual engaged in sexual contact. PUNISHMENT This bill provides the following offense classifications for grooming:  Generally a Class E felony, punishable by imprisonment of one to six years and a fine of up to $3, 000.  If the victim is under 13, a Class A felony, punishable by imprisonment of 15 to 60 years and a fine of up to $50, 000.  If the victim is a mentally compromised individual, a Class B felony, punishable by imprisonment of eight to 30 years and a fine of up to $25, 000.  If the offender has a prior conviction for a sexual offense or violent sexual offense, a Class C felony, punishable by imprisonment of three to 15 years and a fine of up to $10, 000.  If the offender holds a position of trust, authority, or supervision over the victim at the time of the offense, a Class D felony, punishable by imprisonment of two to 12 years and a fine of up to $5, 000. In addition to the above-listed punishments, this bill requires a person who commits the offense that involves an attempt to meet, procure, or engage in sexual contact or simulated sexual contact with a minor or mentally compromised individual following grooming on or after July 1, 2026, to receive a sentence of community supervision for life. This bill provides that a person is subject to prosecution in this state for the offense of grooming for any conduct that originates in this state. Further, a person is subject to prosecution in this state for the offense of grooming for any conduct tha t originates by a person out of this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state. This bill clarifies that its provisions are in addition to other provisions of law, including existing offenses involving sexual exploitation of a minor, child abuse and child neglect or endangerment, or other child protection offenses. ON APRIL 22, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2317, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that a person commits the offense of grooming of a minor when the person engages in a course of grooming conduct directed at a minor with the specific intent to (i) commit, or facilitate the commission by another person of, a sexual offense or violent sexual offense against the minor; or (ii) cause or induce the minor to engage in simulated sexual activity that is patently offensive or sexual activity. Such activity constitutes an offense when the mino r is under 13 and the person is 18 or older; or, if the minor is at least 13 but less than 18, the person is at least 10 years older than the minor. A violation is generally a class A misdemeanor, punishable by imprisonment of up to 11 months, 29 days; a f ine of up to $2, 500; or both. However, if the course of grooming conduct includes physical boundary violations or sexual content introduction, as described below, then such violation is a Class D felony. A Class D felony is punishable by imprisonment of t wo to 12 years and a fine of up to $5, 000. If the minor is under 13, then a violation is a Class C felony, punishable by imprisonment of three to 15 years and a fine of up to $10, 000. If the course of grooming conduct involves one or more predicate acts involving physical boundary violations or sexual content introduction and the minor is under 13, then such a violation is a Class B felony. A Class B felony is punishable by imprisonment of eight to 30 years and a fine of up to $25, 000. As used in this amendment, ""course of grooming conduct"" means a pattern of two or more predicate acts, directed at the same minor, evidencing a continuity of purpose. The trier of fact may consider the frequency, escalation, and combination of predicate acts in determining whether a course of grooming conduct exists. As used in this amendment, a ""predicate act"" means any of the following acts directed at a minor when undertaken as part of a course of conduct with the specific intent described above: • Access and isolation conduct, including physically or psychologically isolating the minor from the minor's parent, guardian, or other supervising adults, including by seeking unsupervised time alone with the minor by means of deception or misrepresentat ion, or by encouraging or instructing the minor to conceal their interactions with the person from parents or guardians. • Secrecy cultivation, including instructing, encouraging, or inducing the minor to keep secret the person's communications, gifts, activities, or physical contact with the minor, or warning the minor that disclosure of such matters would result in harm t o the minor or to others. • Dependency-building, including providing gifts, money, special privileges, or other material benefits to the minor or to members of the minor's family, in a manner and under circumstances that a reasonable person would recognize as designed to establish emotional dependency, obligation, or special loyalty in the minor toward the person, and not consistent with the person's legitimate relationship to the minor. • Physical boundary violations, including engaging in physical contact with the minor that violates age-appropriate and role-appropriate boundaries, including touching the minor's intimate parts under the guise of incidental or innocent contact, exposing the person's own intimate parts to the minor, or engaging in progressive physical contact designed to normalize or desensitize the minor to sexual touch. • Sexual content introduction, including introducing sexual topics, sexual humor, sexual language, or descriptions of sexual activity into communications with the minor in a manner that is not age-appropriate and not consistent with any lawful educational, healthcare, or parental purpose. This amendment clarifies that its provisions are intended to address preparatory grooming conduct that does not constitute a completed offense under present law. However, it does not prohibit prosecution under any other applicable provision of law. A p erson must not be convicted of both a violation of this amendment and (i) solicitation of a minor; or (ii) soliciting sexual exploitation of a minor or exploitation of a minor by electronic means. In such cases, the prosecution must proceed under the hig he r-grade offense. GROOMING A MINOR WHILE IN A POSITION OF TRUST This amendment provides that a person commits the offense of grooming of a minor while in a position of trust when the person (i) is in a position of authority or position of special trust with respect to a minor who is under 18; (ii) is at least four ye ars older than the minor; and (iii) engages in a course of grooming conduct directed at that minor with the specific intent to commit or facilitate a sexual offense or violent sexual offense, or to cause or induce the minor to engage in sexual activity th at is patently offensive or sexual activity. A violation is generally a Class D felony. However, if the course of grooming conduct involves physical boundary violations or sexual content introduction, then such a violation is a Class C felony. If the min or is under 13, then such a violation is a Class C felony. If the course of grooming conduct includes one or more predicate acts involving physical boundary violations or sexual content introduction and the minor is under 13, then such a violation is a C la ss B felony. As used in this amendment, a ""position of authority"" means the defendant is in a position of trust, or had supervisory, disciplinary, custodial, or evaluative power over a minor by virtue of the defendant's legal, professional, occupational, or organizat ional status, including but not limited to a teacher, coach, tutor, employer, clergy member, or youth program leader. ""Position of special trust"" means a relationship in which a minor has been entrusted to a person's care, supervision, or guidance by the m inor's parent or guardian, or by operation of law, and in which the minor reasonably relies upon the person for guidance, safety, or support, including, but not limited to, a babysitter, family friend, mentor, counselor, or other person in a similar careg iving or supervisory role. MISCELLANEOUS PROVISIONS This amendment provides that it is not a defense to a violation of this amendment that no sexual contact or sexual offense was completed or that the minor assented to or was unaware of the grooming conduct. Further, it is not a defense to a violation of this amendment that the minor consented to any predicate act or that the minor misrepresented the minor's age to the person. Activities Not Prohibited This amendment clarifies that the existence of a close personal, mentoring, educational, or religious relationship between an adult and a minor is not, without more, evidence of grooming conduct or grooming intent. Further, this amendment does not prohib it a person from engaging in any of the following behaviors: • Teaching curricula on human sexuality, sexual health, or sexually transmitted diseases in accordance with state law and applicable educational standards. • The diagnosis, examination, or treatment of a minor by a licensed healthcare provider acting within the scope of professional practice. • Communicating with a minor in the course of a lawful investigation to determine whether the minor is dependent, neglected, or abused. • Age-appropriate conversations about puberty, human sexuality, or personal safety conducted by the minor's parent, guardian, or sibling. • Physical contact that is customary and appropriate to a legitimate professional, educational, athletic, or caregiving role. However, such contact must not be part of a pattern of conduct undertaken with the intent described above. • Conduct by a law enforcement officer, or a person acting at the direction of a law enforcement officer, in the course of a lawful investigation or undercover operation. APPLICABILITY This amendment applies to acts committed on or after July 1, 2026."