| 1 | 1 | | 84R206 JRR-D |
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| 2 | 2 | | By: Guillen H.B. No. 101 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the offense of unlawful disclosure of |
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| 8 | 8 | | certain visual material. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 21, Penal Code, is amended by adding |
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| 11 | 11 | | Section 21.16 to read as follows: |
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| 12 | 12 | | Sec. 21.16. UNLAWFUL DISCLOSURE OF CERTAIN VISUAL MATERIAL. |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Sexual conduct" has the meaning assigned by |
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| 15 | 15 | | Section 43.25. |
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| 16 | 16 | | (2) "Visual material" has the meaning assigned by |
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| 17 | 17 | | Section 43.26. |
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| 18 | 18 | | (b) A person commits an offense if the person: |
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| 19 | 19 | | (1) intentionally displays, distributes, publishes, |
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| 20 | 20 | | advertises, offers, or otherwise discloses visual material |
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| 21 | 21 | | depicting another person engaged in sexual conduct; and |
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| 22 | 22 | | (2) knows or should have known that the depicted |
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| 23 | 23 | | person has not consented to the disclosure. |
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| 24 | 24 | | (c) It is a defense to prosecution under this section that: |
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| 25 | 25 | | (1) the disclosure is made in the course of: |
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| 26 | 26 | | (A) lawful and common practices of law |
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| 27 | 27 | | enforcement or medical treatment; |
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| 28 | 28 | | (B) reporting unlawful activity; or |
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| 29 | 29 | | (C) a legal proceeding, if the disclosure was |
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| 30 | 30 | | permitted or required by law; |
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| 31 | 31 | | (2) the disclosure consists of visual material |
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| 32 | 32 | | depicting only a voluntary exposure of sexual conduct in a public or |
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| 33 | 33 | | commercial setting; or |
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| 34 | 34 | | (3) the actor is an interactive computer service, as |
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| 35 | 35 | | defined by 47 U.S.C. Section 230, or a provider of an information |
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| 36 | 36 | | service, as defined by 47 U.S.C. Section 153, and the disclosure |
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| 37 | 37 | | consisted of visual material provided by another person. |
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| 38 | 38 | | (d) An offense under this section is a state jail felony. |
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| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2015. |
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