Texas 2015 - 84th Regular

Texas House Bill HB2005 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12359 JRR-D
2	2	By: Anderson of Dallas H.B. No. 2005
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offense of improper photography
8	8	or visual recording; increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 21.15(a), (b), and (c), Penal Code, are
11	11	amended to read as follows:
12	12	(a) In this section:
13	13	(1) "Place in which a person has a reasonable
14	14	expectation of privacy" means a place in which a reasonable person
15	15	would believe that the person could disrobe in privacy, without
16	16	being concerned that the act of undressing would be photographed or
17	17	filmed by another.
18	18	(2) "Promote" [, "promote"] has the meaning assigned
19	19	by Section 43.21.
20	20	(3) "Sexual or other intimate parts" means the human
21	21	genitals, pubic area, anus, buttocks, or female breast below the
22	22	top of the areola, whether those parts are naked or covered by
23	23	undergarments or other clothing.
24	24	(b) A person commits an offense if [the person]:
25	25	(1) without the other person's consent, with the
26	26	intent to secretly conduct or hide the actor's activity, and with
27	27	the intent to view or attempt to view the other person's sexual or
28	28	other intimate parts, the actor photographs or by videotape or
29	29	other electronic means records, broadcasts, or transmits a visual
30	30	image of the sexual or other intimate parts of another person [at a
31	31	location that is not a bathroom or private dressing room]:
32	32	(A) under or around the other person's clothing
33	33	[without the other person's consent]; and
34	34	(B) under circumstances in which a reasonable
35	35	person would believe that the person's sexual or other intimate
36	36	parts would not be visible to the public [with intent to arouse or
37	37	gratify the sexual desire of any person];
38	38	(2) without the other person's consent and with the
39	39	intent to invade the privacy of the other person, the actor
40	40	photographs or by videotape or other electronic means records,
41	41	broadcasts, or transmits a visual image of another person in a place
42	42	in which the other person has a reasonable expectation of privacy
43	43	[another at a location that is a bathroom or private dressing room:
44	44	[(A) without the other person's consent; and
45	45	[(B) with intent to:
46	46	[(i) invade the privacy of the other
47	47	person; or
48	48	[(ii) arouse or gratify the sexual desire
49	49	of any person]; or
50	50	(3) knowing the character and content of the
51	51	photograph, recording, broadcast, or transmission, the actor
52	52	promotes a photograph, recording, broadcast, or transmission
53	53	described by Subdivision (1) or (2).
54	54	(c) An offense under this section is a state jail felony,
55	55	except that the offense is a felony of the third degree if it is
56	56	shown on the trial of the offense that the victim was younger than
57	57	18 years of age at the time of the commission of the offense.
58	58	SECTION 2. The change in law made by this Act applies only
59	59	to an offense committed on or after the effective date of this Act.
60	60	An offense committed before the effective date of this Act is
61	61	governed by the law in effect on the date the offense was committed,
62	62	and the former law is continued in effect for that purpose. For
63	63	purposes of this section, an offense was committed before the
64	64	effective date of this Act if any element of the offense occurred
65	65	before that date.
66	66	SECTION 3. This Act takes effect September 1, 2015.