By: Davis of Harris, Springer, Leach, H.B. No. 603
Guillen, et al.
A BILL TO BE ENTITLED
AN ACT
relating t
o the creation of the offense of unlawful dissemination
of certain visual material; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Penal Code, is amended by adding
Section 21.16 to read as follows:
Sec. 21.16. UNLAWFUL DISSEMINATION OF CERTAIN VISUAL
MATERIAL. (a) In this section:
(1) "Exposed intimate parts" means a person's intimate
parts that are:
(A) entirely unclothed; or
(B) clothed in a manner that leaves any portion
of those parts uncovered or visible through less than fully opaque
clothing.
(2) "Intimate parts" means the genitals, pubic area,
anus, buttocks, or female nipple of a person.
(3) "Sexual conduct" has the meaning assigned by
Section 43.25.
(4) "Visual material" has the meaning assigned by
Section 43.26.
(b) A person commits an offense if:
(1) the person intentionally disseminates visual
material depicting the other person:
(A) with the other person's exposed intimate
parts; or
(B) engaged in sexual conduct;
(2) the person obtained the visual material under
circumstances in which a reasonable person should have known or
understood that the visual material was to remain private;
(3) the person knows or should have known that the
depicted person did not consent to the dissemination;
(4) the depicted person is identifiable from the
content of the visual material or from any information displayed in
connection with the visual material; and
(5) the person disseminates the visual material with
the intent to:
(A) harass, abuse, or torment the depicted
person; or
(B) obtain a benefit in return for or in
connection with the dissemination.
(c) It is a defense to prosecution under this section that:
(1) the dissemination is made in the course of:
(A) lawful and common practices of law
enforcement or medical treatment;
(B) reporting unlawful activity; or
(C) a legal proceeding, if the dissemination was
permitted or required by law;
(2) the dissemination consists of visual material
depicting only a voluntary exposure of intimate parts or sexual
conduct in a public or commercial setting; or
(3) the actor is an interactive computer service, as
defined by 47 U.S.C. Section 230, or a provider of an information
service, as defined by 47 U.S.C. Section 153, and the dissemination
consists of visual material provided by another person.
(d) An offense under this section is a state jail felony.
SECTION 2. This Act takes effect September 1, 2015.