By: Davis of Harris, et al. H.B. No. 603
COMMITTEE SUBSTITUTE FOR H.B. No. 603By: Whitmire By: Whitmire
(In the Senate - Received from the House May 18, 2015;
May 19, 2015, read first time and referred to Committee on Criminal
Justice; May 24, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 24, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of unlawful disclosure or
promotion of intimate visual material.
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 DISCLOSURE OR PROMOTION OF INTIMATE
VISUAL MATERIAL. (a) In this section:
(1) "Intimate parts" means the naked genitals, pubic
area, anus, buttocks, or female nipple of a person.
(2) "Promote" means to procure, manufacture, issue,
sell, give, provide, lend, mail, deliver, transfer, transmit,
publish, distribute, circulate, disseminate, present, exhibit, or
advertise or to offer or agree to do any of the above.
(3) "Sexual conduct" means sexual contact, actual or
simulated sexual intercourse, deviate sexual intercourse, sexual
bestiality, masturbation, or sadomasochistic abuse.
(4) "Simulated" means the explicit depiction of sexual
conduct that creates the appearance of actual sexual conduct and
during which a person engaging in the conduct exhibits any
uncovered portion of the breasts, genitals, or buttocks.
(5) "Visual material" means:
(A) any film, photograph, videotape, negative,
or slide or any photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape,
negative, or slide; or
(B) any disk, diskette, or other physical medium
that allows an image to be displayed on a computer or other video
screen and any image transmitted to a computer or other video screen
by telephone line, cable, satellite transmission, or other method.
(b) A person commits an offense if:
(1) without the effective consent of the depicted
person, the person intentionally discloses visual material
depicting another person with the person's intimate parts exposed
or engaged in sexual conduct;
(2) the visual material was obtained by the person or
created under circumstances in which the depicted person had a
reasonable expectation that the visual material would remain
private;
(3) the disclosure of the visual material causes harm
to the depicted person; and
(4) the disclosure of the visual material reveals the
identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information
or material related to the visual material; or
(B) information or material provided by a third
party in response to the disclosure of the visual material.
(c) A person commits an offense if the person intentionally
threatens to disclose, without the consent of the depicted person,
visual material depicting another person with the person's intimate
parts exposed or engaged in sexual conduct and the actor makes the
threat to obtain a benefit:
(1) in return for not making the disclosure; or
(2) in connection with the threatened disclosure.
(d) 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 publication that is owned or operated by the person.
(e) 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.
(f) It is an affirmative defense to prosecution under
Subsection (b) or (d) that:
(1) the disclosure or promotion 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 disclosure or
promotion is permitted or required by law;
(2) the disclosure or promotion consists of visual
material depicting in a public or commercial setting only a
person's voluntary exposure of:
(A) the person's intimate parts; or
(B) the person engaging in sexual conduct; or
(3) the actor is an interactive computer service, as
defined by 47 U.S.C. Section 230, and the disclosure or promotion
consists of visual material provided by another person.
(g) An offense under this section is a Class A misdemeanor.
(h) 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 2. Section 21.16, Penal Code, as added by this Act,
applies to visual material disclosed or promoted, or threatened to
be disclosed, 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 3. This Act takes effect September 1, 2015.
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