84R1692 JRR-F
By: González H.B. No. 496
A BILL TO BE ENTITLED
AN ACT
relating to civil and criminal liability for the disclosure or
promotion of certain intimate visual material; creating an 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 PROMOTION OF INTIMATE VISUAL MATERIAL
Sec. 98B.001. DEFINITIONS. In this chapter:
(1) "Intimate visual material" means visual material
that depicts a person engaged in sexual conduct.
(2) "Promote" and "sexual conduct" have the meanings
assigned by Section 43.25, Penal Code.
(3) "Visual material" has the meaning assigned by
Section 43.26, Penal Code.
Sec. 98B.002. LIABILITY FOR PROMOTION OF CERTAIN INTIMATE
VISUAL MATERIAL. A defendant is liable, as provided by this
chapter, to a person depicted in intimate visual material for
damages arising from promotion of the intimate visual material if
the defendant knowingly or intentionally:
(1) engaged in conduct that violates Section 21.16(c),
Penal Code, with respect to the intimate visual material; or
(2) promoted the intimate visual material without
obtaining the applicable information required by 18 U.S.C. Section
2257 or 2257A.
Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a
suit under this chapter shall be awarded:
(1) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(2) court costs; and
(3) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in a suit under this chapter may recover exemplary
damages.
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 promotion of intimate visual material
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. JOINT AND SEVERAL LIABILITY. A person who
engages in conduct described by Section 98B.002 and is found liable
under this chapter or other law for any amount of damages arising
from that conduct is jointly and severally liable with any other
defendant for the entire amount of damages arising from that
conduct.
Sec. 98B.007. 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,
promotion of intimate visual material.
(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 a disclosure consisting 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 OR PROMOTION OF INTIMATE
VISUAL MATERIAL. (a) In this section:
(1) "Intimate relationship" means a marriage
relationship or a relationship of a romantic or intimate nature
between two persons.
(2) "Promote" and "sexual conduct" have the meanings
assigned by Section 43.25.
(3) "Visual material" has the meaning assigned by
Section 43.26.
(b) A person commits an offense if the person:
(1) by electronic means, intentionally discloses
visual material depicting another person engaged in sexual conduct;
(2) was in an intimate relationship with the depicted
person when the visual material was created or transmitted to the
person;
(3) knows or should have known that the depicted
person has not consented to the disclosure; and
(4) discloses the visual material with the intent to
cause harm to the depicted person, including mental anguish,
emotional distress, actual or threatened physical violence,
economic harm, harm to reputation, or harassment by a third party.
(c) A person commits an offense if, knowing the character
and content of the visual material, the person promotes visual
material described by Subsection (b) on an Internet website or
other forum for electronic publication that is owned or operated by
the person.
(d) It is not a defense to prosecution under this section
that the depicted person:
(1) created or consented to the creation of the visual
material; or
(2) voluntarily transmitted the visual material to the
actor.
(e) It is an affirmative defense to prosecution under this
section that the actor is an interactive computer service, as
defined by 47 U.S.C. Section 230, and the disclosure consisted of
visual material provided by another person.
(f) An offense under this section is a Class A misdemeanor.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
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 disclosed or promoted on or after the effective
date of this Act, regardless of whether the visual material was
created or transmitted to the actor before, on, or after that date.
SECTION 4. This Act takes effect September 1, 2015.