84R10272 JRR-D
By: Springer H.B. No. 1877
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for the disclosure of
certain visual material on the Internet; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98B to read as follows:
CHAPTER 98B. LIABILITY FOR DISCLOSURE OF CERTAIN VISUAL MATERIAL ON
INTERNET
Sec. 98B.001. DEFINITIONS. In this chapter:
(1) "Intimate parts" means the naked genitals, pubic
area, anus, buttocks, or female nipple of a person.
(2) "Intimate visual material" means visual material
that depicts a person:
(A) with the person's intimate parts exposed; or
(B) engaged in sexual conduct.
(3) "Sexual conduct" has the meaning assigned by
Section 43.25, Penal Code.
(4) "Visual material" has the meaning assigned by
Section 43.26, Penal Code.
Sec. 98B.002. LIABILITY FOR DISCLOSURE OF CERTAIN INTIMATE
VISUAL MATERIAL ON INTERNET. A defendant is liable, as provided by
this chapter, to a person depicted in intimate visual material for
damages arising from the placement of the material on the Internet
if the defendant intentionally engaged in conduct that violates
Section 21.16, Penal Code, with respect to the material.
Sec. 98B.003. DAMAGES. A claimant who prevails in a suit
under this chapter is entitled to recover:
(1) actual damages;
(2) court costs; and
(3) reasonable attorney's fees.
Sec. 98B.004. INJUNCTIVE RELIEF. A court in which a suit is
brought under this chapter, on the motion of a party, may issue a
temporary restraining order or a temporary or permanent injunction
to restrain and prevent the placement of intimate visual material
on the Internet with respect to the person depicted in the material.
Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of
action created by this chapter is cumulative of any other remedy
provided by common law or statute.
Sec. 98B.006. LIBERAL CONSTRUCTION AND APPLICATION;
CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally
construed and applied to promote its underlying purpose to protect
persons from, and provide adequate remedies to victims of, unlawful
placement of intimate visual material on the Internet.
(b) This chapter does not apply to a claim brought against
an interactive computer service, as defined by 47 U.S.C. Section
230, for conduct that consists only of a disclosure of intimate
visual material provided by another person.
SECTION 2. Chapter 21, Penal Code, is amended by adding
Section 21.16 to read as follows:
Sec. 21.16. UNLAWFUL DISCLOSURE OF CERTAIN VISUAL MATERIAL
ON INTERNET. (a) In this section:
(1) "Intimate parts" means the naked genitals, pubic
area, anus, buttocks, or female nipple of a person.
(2) "Sexual conduct" has the meaning assigned by
Section 43.25.
(3) "Visual material" has the meaning assigned by
Section 43.26.
(b) A person commits an offense if:
(1) the person intentionally causes emotional
distress to another person by intentionally placing on the Internet
visual material depicting the other person:
(A) with the other person's intimate parts
exposed; or
(B) engaged in sexual conduct;
(2) the person knows that the depicted person did not
consent to the placement of the visual material on the Internet;
(3) the visual material was obtained by the person or
created under circumstances in which the depicted person had a
reasonable expectation that the visual material would remain
private; and
(4) the placement of the visual material on the
Internet, including any accompanying or subsequent information or
material related to the visual material, reveals the identity of
the depicted person in any manner, including by:
(A) the content of the visual material;
(B) information or material accompanying the
visual material; or
(C) information or material provided by a third
party in response to the person's placement of the visual material
on the Internet.
(c) It is a defense to prosecution under this section that:
(1) the visual material placed on the Internet depicts
only a voluntary exposure of intimate parts or sexual conduct in a
public or commercial setting; or
(2) the actor is an interactive computer service, as
defined by 47 U.S.C. Section 230, and the conduct consisted only of
a disclosure of visual material provided by another person.
(d) An offense under this section is a felony of the third
degree.
SECTION 3. (a) Chapter 98B, Civil Practice and Remedies
Code, as added by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrues before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
(b) Section 21.16, Penal Code, as added by this Act, applies
to visual material placed on the Internet on or after the effective
date of this Act, regardless of whether the visual material was
obtained by the actor or created before, on, or after that date.
SECTION 4. This Act takes effect September 1, 2015.