Texas 2019 - 86th Regular

Texas Senate Bill SB342

Caption

Relating to civil and criminal liability for the unlawful disclosure of intimate visual material.

Impact

The enactment of SB342 would significantly impact existing laws concerning privacy and consent. By establishing liability for unauthorized disclosure of intimate material, the bill would empower victims to seek damages in civil court, in addition to providing a basis for criminal prosecution. This shift carries implications for how incidents of non-consensual sharing of intimate images are addressed in Texas, aiming to create safer environments for individuals to maintain their privacy.

Summary

Senate Bill 342 (SB342) focuses on civil and criminal liability for the unlawful disclosure of intimate visual material. It amends two critical areas in Texas law: the Civil Practice and Remedies Code and the Penal Code. The bill makes it clear that individuals who disclose intimate visual material without consent, and with harmful intent, may face civil damage claims and criminal charges if the act meets specific criteria outlined in the bill. This legislation serves to enhance protections for individuals regarding their private, intimate images and holds violators accountable under the law.

Contention

While SB342 garnered support from various advocacy groups focused on protecting personal privacy, there were discussions regarding its enforcement and potential loopholes. Critics argued that defining the boundaries of 'intimate visual material' and establishing the intent to harm could be challenging in practical scenarios. Additionally, concerns were raised about the potential chilling effects on legitimate sharing of images among consenting individuals, as legal parameters might unintentionally impede personal freedoms. Despite these concerns, supporters believe the bill is a necessary step towards accountability and safeguarding individual rights.

Companion Bills

TX HB98

Similar To Relating to civil and criminal liability for the unlawful disclosure of intimate visual material.

Previously Filed As

TX HB1896

Relating to civil and criminal liability for the unlawful disclosure or promotion of intimate visual material.

TX SB1257

Relating to the unlawful disclosure of an autopsy image or other visual depiction; creating a criminal offense.

TX HB1936

Relating to electronic device filters for certain explicit material; creating a criminal offense; providing a civil penalty.

TX HB3357

Relating to civil liability for obscenity.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB417

Relating to electronic device filters for certain explicit material; providing a civil penalty.

TX SB1014

Relating to restrictions on the use and disclosure of certain genetic material and genetic information; providing a civil penalty; creating a criminal offense.

TX HB1181

Relating to the publication or distribution of sexual material harmful to minors on an Internet website; providing a civil penalty.

TX HB22

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

Similar Bills

CA AB2355

Political Reform Act of 1974: political advertisements: artificial intelligence.

CA AB2373

Dissolution of marriage and legal separation: disclosure of assets and liabilities.

CA AB950

Political Reform Act of 1974: advertisements.

CA AB2229

Residential property insurance: disclosures.

HI HB2792

Relating To Invasive Species.

CA SB813

Franchise Tax Board: voluntary disclosure agreements.

CA AB1280

Fire hazard severity zones: disclosures.

CA AB925

Protective orders: confidential information regarding minors.