By: McCall, Castro, Orr (Senate Sponsor - Watson) H.B. No. 2003
(In the Senate - Received from the House May 14, 2009;
May 15, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of online harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Penal Code, is amended by adding
Section 33.07 to read as follows:
Sec. 33.07. ONLINE HARASSMENT. (a) A person commits an
offense if the person uses the name or persona of another person to
create a web page on or to post one or more messages on a commercial
social networking site:
(1) without obtaining the other person's consent; and
(2) with the intent to harm, defraud, intimidate, or
threaten any person.
(b) A person commits an offense if the person sends an
electronic mail, instant message, text message, or similar
communication that references a name, domain address, phone number,
or other item of identifying information belonging to any person:
(1) without obtaining the other person's consent;
(2) with the intent to cause a recipient of the
communication to reasonably believe that the other person
authorized or transmitted the communication; and
(3) with the intent to harm or defraud any person.
(c) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) is a Class A misdemeanor,
except that the offense is a felony of the third degree if the actor
commits the offense with the intent to solicit a response by
emergency personnel.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(e) It is a defense to prosecution under this section that
the actor's conduct consisted solely of action taken as an employee
of:
(1) a commercial social networking site;
(2) an Internet service provider;
(3) an interactive computer service, as defined by 47
U.S.C. Section 230;
(4) a telecommunications provider, as defined by
Section 51.002, Utilities Code; or
(5) a video service provider or cable service
provider, as defined by Section 66.002, Utilities Code.
(f) In this section:
(1) "Commercial social networking site" means any
business, organization, or other similar entity operating a website
that permits persons to become registered users for the purpose of
establishing personal relationships with other users through
direct or real-time communication with other users or the creation
of web pages or profiles available to the public or to other users.
The term does not include an electronic mail program or a message
board program.
(2) "Identifying information" has the meaning
assigned by Section 32.51.
SECTION 2. This Act takes effect September 1, 2009.
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