83R8675 DDT-F
By: Davis S.B. No. 1190
A BILL TO BE ENTITLED
AN ACT
relating to requiring computer technicians to report images of
child pornography; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 109 to read as follows:
CHAPTER 109. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD
PORNOGRAPHY
Sec. 109.001. DEFINITIONS. In this chapter:
(1) "Child pornography" means an image of a child
engaging in sexual conduct or sexual performance.
(2) "Commercial mobile service provider" has the
meaning assigned by Section 64.201, Utilities Code.
(3) "Computer technician" means an individual who in
the course and scope of employment or business installs, repairs,
or otherwise services a computer for a fee.
(4) "Information service provider" includes an
Internet service provider and hosting service provider.
(5) "Sexual conduct" and "sexual performance" have the
meanings assigned by Section 43.25, Penal Code.
(6) "Telecommunications provider" has the meaning
assigned by Section 51.002, Utilities Code.
Sec. 109.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY.
(a) A computer technician who, in the course and scope of
employment or business, views an image on a computer that is or
appears to be child pornography shall immediately report the
discovery of the image to a local or state law enforcement agency or
the Cyber Tipline at the National Center for Missing and Exploited
Children. The report must include the name and address of the owner
or person claiming a right to possession of the computer, if known,
and as permitted by federal law.
(b) A computer technician may not be held liable on account
of any action taken in good faith to comply with this section.
(c) A telecommunications provider, commercial mobile
service provider, or information service provider may not be held
liable under this chapter for the failure to report child
pornography that is transmitted or stored by a user of the service.
Sec. 109.003. CRIMINAL PENALTY. (a) A person who violates
this chapter commits an offense. An offense under this subsection
is a Class B misdemeanor.
(b) It is a defense to prosecution under this section that
the actor did not report the discovery of an image of child
pornography because the child in the image appeared to be at least
18 years of age.
SECTION 2. This Act takes effect September 1, 2013.