Texas 2015 - 84th Regular

Texas House Bill HB496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R16277 JRR-F
2	2	By: González H.B. No. 496
3	3	Substitute the following for H.B. No. 496:
4	4	By: Herrero C.S.H.B. No. 496
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to civil and criminal liability for the unlawful
10	10	disclosure or promotion of certain intimate visual material;
11	11	creating an offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act shall be known as the Relationship
14	14	Privacy Act.
15	15	SECTION 2. Title 4, Civil Practice and Remedies Code, is
16	16	amended by adding Chapter 98B to read as follows:
17	17	CHAPTER 98B. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL
18	18	MATERIAL
19	19	Sec. 98B.001. DEFINITIONS. In this chapter:
20	20	(1) "Intimate visual material" means visual material
21	21	that depicts a person engaged in sexual conduct.
22	22	(2) "Promote" and "sexual conduct" have the meanings
23	23	assigned by Section 43.25, Penal Code.
24	24	(3) "Visual material" has the meaning assigned by
25	25	Section 43.26, Penal Code.
26	26	Sec. 98B.002. LIABILITY FOR UNLAWFUL DISCLOSURE OR
27	27	PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. (a) A defendant is
28	28	liable, as provided by this chapter, to a person depicted in
29	29	intimate visual material for damages arising from the disclosure of
30	30	the material if:
31	31	(1) the defendant discloses the intimate visual
32	32	material without the effective consent of the depicted person;
33	33	(2) the intimate visual material was obtained by the
34	34	defendant or created under circumstances in which the depicted
35	35	person had a reasonable expectation that the material would remain
36	36	private;
37	37	(3) the disclosure of the intimate visual material
38	38	causes harm to the depicted person; and
39	39	(4) the disclosure of the intimate visual material
40	40	reveals the identity of the depicted person in any manner,
41	41	including through:
42	42	(A) any accompanying or subsequent information
43	43	or material related to the intimate visual material; or
44	44	(B) information or material provided by a third
45	45	party in response to the disclosure of the intimate visual
46	46	material.
47	47	(b) A defendant is liable, as provided by this chapter, to a
48	48	person depicted in intimate visual material for damages arising
49	49	from the promotion of the material if, knowing the character and
50	50	content of the material, the defendant promotes intimate visual
51	51	material described by Subsection (a) on an Internet website or
52	52	other forum for publication that is owned or operated by the
53	53	defendant.
54	54	Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a
55	55	suit under this chapter shall be awarded:
56	56	(1) actual damages, including damages for mental
57	57	anguish;
58	58	(2) court costs; and
59	59	(3) reasonable attorney's fees.
60	60	(b) In addition to an award under Subsection (a), a claimant
61	61	who prevails in a suit under this chapter may recover exemplary
62	62	damages.
63	63	Sec. 98B.004. INJUNCTIVE RELIEF. (a) A court in which a
64	64	suit is brought under this chapter, on the motion of a party, may
65	65	issue a temporary restraining order or a temporary or permanent
66	66	injunction to restrain and prevent the disclosure or promotion of
67	67	intimate visual material with respect to the person depicted in the
68	68	material.
69	69	(b) A court that issues a temporary restraining order or a
70	70	temporary or permanent injunction under Subsection (a) may award to
71	71	the party who brought the motion damages in the amount of:
72	72	(1) $1,000 for each violation of the court's order or
73	73	injunction, if the disclosure or promotion of intimate visual
74	74	material is wilful or intentional; or
75	75	(2) $500 for each violation of the court's order or
76	76	injunction, if the disclosure or promotion of intimate visual
77	77	material is not wilful or intentional.
78	78	Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of
79	79	action created by this chapter is cumulative of any other remedy
80	80	provided by common law or statute.
81	81	Sec. 98B.006. JURISDICTION. A court has personal
82	82	jurisdiction over a defendant in a suit brought under this chapter
83	83	if:
84	84	(1) the defendant resides in this state;
85	85	(2) the claimant who is depicted in the intimate
86	86	visual material resides in this state;
87	87	(3) the intimate visual material is stored on a server
88	88	that is located in this state; or
89	89	(4) the intimate visual material is available for view
90	90	in this state.
91	91	Sec. 98B.007. LIBERAL CONSTRUCTION AND APPLICATION;
92	92	CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally
93	93	construed and applied to promote its underlying purpose to protect
94	94	persons from, and provide adequate remedies to victims of, the
95	95	disclosure or promotion of intimate visual material.
96	96	(b) This chapter does not apply to a claim brought against
97	97	an interactive computer service, as defined by 47 U.S.C. Section
98	98	230, for a disclosure consisting of intimate visual material
99	99	provided by another person.
100	100	SECTION 3. Chapter 21, Penal Code, is amended by adding
101	101	Section 21.16 to read as follows:
102	102	Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE
103	103	VISUAL MATERIAL. (a) In this section:
104	104	(1) "Promote" and "sexual conduct" have the meanings
105	105	assigned by Section 43.25.
106	106	(2) "Visual material" has the meaning assigned by
107	107	Section 43.26.
108	108	(b) A person commits an offense if:
109	109	(1) without the effective consent of the depicted
110	110	person, the person intentionally discloses visual material
111	111	depicting another person engaged in sexual conduct;
112	112	(2) the visual material was obtained by the person or
113	113	created under circumstances in which the depicted person had a
114	114	reasonable expectation that the visual material would remain
115	115	private;
116	116	(3) the disclosure of the visual material causes harm
117	117	to the depicted person; and
118	118	(4) the disclosure of the visual material reveals the
119	119	identity of the depicted person in any manner, including through:
120	120	(A) any accompanying or subsequent information
121	121	or material related to the visual material; or
122	122	(B) information or material provided by a third
123	123	party in response to the disclosure of the visual material.
124	124	(c) A person commits an offense if the person intentionally
125	125	threatens to disclose, without the consent of the depicted person,
126	126	visual material depicting another person engaged in sexual conduct
127	127	and the actor makes the threat to obtain a benefit:
128	128	(1) in return for not making the disclosure; or
129	129	(2) in connection with the threatened disclosure.
130	130	(d) A person commits an offense if, knowing the character
131	131	and content of the visual material, the person promotes visual
132	132	material described by Subsection (b) on an Internet website or
133	133	other forum for publication that is owned or operated by the person.
134	134	(e) It is not a defense to prosecution under this section
135	135	that the depicted person:
136	136	(1) created or consented to the creation of the visual
137	137	material; or
138	138	(2) voluntarily transmitted the visual material to the
139	139	actor.
140	140	(f) It is an affirmative defense to prosecution under
141	141	Subsection (b) or (d) that:
142	142	(1) the disclosure or promotion is made in the course
143	143	of:
144	144	(A) lawful and common practices of law
145	145	enforcement or medical treatment;
146	146	(B) reporting unlawful activity; or
147	147	(C) a legal proceeding, if the disclosure or
148	148	promotion is permitted or required by law;
149	149	(2) the disclosure or promotion consists of visual
150	150	material depicting only a voluntary exposure of sexual conduct in a
151	151	public or commercial setting; or
152	152	(3) the actor is an interactive computer service, as
153	153	defined by 47 U.S.C. Section 230, and the disclosure or promotion
154	154	consists of visual material provided by another person.
155	155	(g) An offense under this section is a Class A misdemeanor.
156	156	(h) If conduct that constitutes an offense under this
157	157	section also constitutes an offense under another law, the actor
158	158	may be prosecuted under this section, the other law, or both.
159	159	SECTION 4. (a) Chapter 98B, Civil Practice and Remedies
160	160	Code, as added by this Act, applies only to a cause of action that
161	161	accrues on or after the effective date of this Act. A cause of
162	162	action that accrues before the effective date of this Act is
163	163	governed by the law in effect immediately before that date, and that
164	164	law is continued in effect for that purpose.
165	165	(b) Section 21.16, Penal Code, as added by this Act, applies
166	166	to visual material disclosed or promoted, or threatened to be
167	167	disclosed, on or after the effective date of this Act, regardless of
168	168	whether the visual material was created or transmitted to the actor
169	169	before, on, or after that date.
170	170	SECTION 5. This Act takes effect September 1, 2015.