84R12359 JRR-D
By: Anderson of Dallas H.B. No. 2005
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of improper photography
or visual recording; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.15(a), (b), and (c), Penal Code, are
amended to read as follows:
(a) In this section:
(1) "Place in which a person has a reasonable
expectation of privacy" means a place in which a reasonable person
would believe that the person could disrobe in privacy, without
being concerned that the act of undressing would be photographed or
filmed by another.
(2) "Promote" [, "promote"] has the meaning assigned
by Section 43.21.
(3) "Sexual or other intimate parts" means the human
genitals, pubic area, anus, buttocks, or female breast below the
top of the areola, whether those parts are naked or covered by
undergarments or other clothing.
(b) A person commits an offense if [the person]:
(1) without the other person's consent, with the
intent to secretly conduct or hide the actor's activity, and with
the intent to view or attempt to view the other person's sexual or
other intimate parts, the actor photographs or by videotape or
other electronic means records, broadcasts, or transmits a visual
image of the sexual or other intimate parts of another person [at a
location that is not a bathroom or private dressing room]:
(A) under or around the other person's clothing
[without the other person's consent]; and
(B) under circumstances in which a reasonable
person would believe that the person's sexual or other intimate
parts would not be visible to the public [with intent to arouse or
gratify the sexual desire of any person];
(2) without the other person's consent and with the
intent to invade the privacy of the other person, the actor
photographs or by videotape or other electronic means records,
broadcasts, or transmits a visual image of another person in a place
in which the other person has a reasonable expectation of privacy
[another at a location that is a bathroom or private dressing room:
[(A) without the other person's consent; and
[(B) with intent to:
[(i) invade the privacy of the other
person; or
[(ii) arouse or gratify the sexual desire
of any person]; or
(3) knowing the character and content of the
photograph, recording, broadcast, or transmission, the actor
promotes a photograph, recording, broadcast, or transmission
described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the victim was younger than
18 years of age at the time of the commission of the offense.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2015.