Texas 2015 - 84th Regular

Texas Senate Bill SB1135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Garcia, et al. S.B. No. 1135
2		-	(González)
	1	+	S.B. No. 1135
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to civil and criminal liability for the unlawful
8	6		disclosure or promotion of certain intimate visual material;
9	7		creating an offense.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. This Act shall be known as the Relationship
12	10		Privacy Act.
13	11		SECTION 2. Title 4, Civil Practice and Remedies Code, is
14	12		amended by adding Chapter 98B to read as follows:
15	13		CHAPTER 98B. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL
16	14		MATERIAL
17	15		Sec. 98B.001. DEFINITIONS. In this chapter:
18	16		(1) "Intimate parts," "promote," "sexual conduct,"
19	17		and "visual material" have the meanings assigned by Section 21.16,
20	18		Penal Code.
21	19		(2) "Intimate visual material" means visual material
22	20		that depicts a person:
23	21		(A) with the person's intimate parts exposed; or
24	22		(B) engaged in sexual conduct.
25	23		Sec. 98B.002. LIABILITY FOR UNLAWFUL DISCLOSURE OR
26	24		PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. (a) A defendant is
27	25		liable, as provided by this chapter, to a person depicted in
28	26		intimate visual material for damages arising from the disclosure of
29	27		the material if:
30	28		(1) the defendant discloses the intimate visual
31	29		material without the effective consent of the depicted person;
32	30		(2) the intimate visual material was obtained by the
33	31		defendant or created under circumstances in which the depicted
34	32		person had a reasonable expectation that the material would remain
35	33		private;
36	34		(3) the disclosure of the intimate visual material
37	35		causes harm to the depicted person; and
38	36		(4) the disclosure of the intimate visual material
39	37		reveals the identity of the depicted person in any manner,
40	38		including through:
41	39		(A) any accompanying or subsequent information
42	40		or material related to the intimate visual material; or
43	41		(B) information or material provided by a third
44	42		party in response to the disclosure of the intimate visual
45	43		material.
46	44		(b) A defendant is liable, as provided by this chapter, to a
47	45		person depicted in intimate visual material for damages arising
48	46		from the promotion of the material if, knowing the character and
49	47		content of the material, the defendant promotes intimate visual
50	48		material described by Subsection (a) on an Internet website or
51	49		other forum for publication that is owned or operated by the
52	50		defendant.
53	51		Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a
54	52		suit under this chapter shall be awarded:
55	53		(1) actual damages, including damages for mental
56	54		anguish;
57	55		(2) court costs; and
58	56		(3) reasonable attorney's fees.
59	57		(b) In addition to an award under Subsection (a), a claimant
60	58		who prevails in a suit under this chapter may recover exemplary
61	59		damages.
62	60		Sec. 98B.004. INJUNCTIVE RELIEF. (a) A court in which a
63	61		suit is brought under this chapter, on the motion of a party, may
64	62		issue a temporary restraining order or a temporary or permanent
65	63		injunction to restrain and prevent the disclosure or promotion of
66	64		intimate visual material with respect to the person depicted in the
67	65		material.
68	66		(b) A court that issues a temporary restraining order or a
69	67		temporary or permanent injunction under Subsection (a) may award to
70	68		the party who brought the motion damages in the amount of:
71	69		(1) $1,000 for each violation of the court's order or
72	70		injunction, if the disclosure or promotion of intimate visual
73	71		material is wilful or intentional; or
74	72		(2) $500 for each violation of the court's order or
75	73		injunction, if the disclosure or promotion of intimate visual
76	74		material is not wilful or intentional.
77	75		Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of
78	76		action created by this chapter is cumulative of any other remedy
79	77		provided by common law or statute.
80	78		Sec. 98B.006. JURISDICTION. A court has personal
81	79		jurisdiction over a defendant in a suit brought under this chapter
82	80		if:
83	81		(1) the defendant resides in this state;
84	82		(2) the claimant who is depicted in the intimate
85	83		visual material resides in this state;
86	84		(3) the intimate visual material is stored on a server
87	85		that is located in this state; or
88	86		(4) the intimate visual material is available for view
89	87		in this state.
90	88		Sec. 98B.007. LIBERAL CONSTRUCTION AND APPLICATION;
91	89		CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally
92	90		construed and applied to promote its underlying purpose to protect
93	91		persons from, and provide adequate remedies to victims of, the
94	92		disclosure or promotion of intimate visual material.
95	93		(b) This chapter does not apply to a claim brought against
96	94		an interactive computer service, as defined by 47 U.S.C. Section
97	95		230, for a disclosure or promotion consisting of intimate visual
98	96		material provided by another person.
99	97		SECTION 3. Chapter 21, Penal Code, is amended by adding
100	98		Section 21.16 to read as follows:
101	99		Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE
102	100		VISUAL MATERIAL. (a) In this section:
103	101		(1) "Intimate parts" means the naked genitals, pubic
104	102		area, anus, buttocks, or female nipple of a person.
105	103		(2) "Promote" means to procure, manufacture, issue,
106	104		sell, give, provide, lend, mail, deliver, transfer, transmit,
107	105		publish, distribute, circulate, disseminate, present, exhibit, or
108	106		advertise or to offer or agree to do any of the above.
109	107		(3) "Sexual conduct" means sexual contact, actual or
110	108		simulated sexual intercourse, deviate sexual intercourse, sexual
111	109		bestiality, masturbation, or sadomasochistic abuse.
112	110		(4) "Simulated" means the explicit depiction of sexual
113	111		conduct that creates the appearance of actual sexual conduct and
114	112		during which a person engaging in the conduct exhibits any
115	113		uncovered portion of the breasts, genitals, or buttocks.
116	114		(5) "Visual material" means:
117	115		(A) any film, photograph, videotape, negative,
118	116		or slide or any photographic reproduction that contains or
119	117		incorporates in any manner any film, photograph, videotape,
120	118		negative, or slide; or
121	119		(B) any disk, diskette, or other physical medium
122	120		that allows an image to be displayed on a computer or other video
123	121		screen and any image transmitted to a computer or other video screen
124	122		by telephone line, cable, satellite transmission, or other method.
125	123		(b) A person commits an offense if:
126	124		(1) without the effective consent of the depicted
127	125		person, the person intentionally discloses visual material
128	126		depicting another person with the person's intimate parts exposed
129	127		or engaged in sexual conduct;
130	128		(2) the visual material was obtained by the person or
131	129		created under circumstances in which the depicted person had a
132	130		reasonable expectation that the visual material would remain
133	131		private;
134	132		(3) the disclosure of the visual material causes harm
135	133		to the depicted person; and
136	134		(4) the disclosure of the visual material reveals the
137	135		identity of the depicted person in any manner, including through:
138	136		(A) any accompanying or subsequent information
139	137		or material related to the visual material; or
140	138		(B) information or material provided by a third
141	139		party in response to the disclosure of the visual material.
142	140		(c) A person commits an offense if the person intentionally
143	141		threatens to disclose, without the consent of the depicted person,
144	142		visual material depicting another person with the person's intimate
145	143		parts exposed or engaged in sexual conduct and the actor makes the
146	144		threat to obtain a benefit:
147	145		(1) in return for not making the disclosure; or
148	146		(2) in connection with the threatened disclosure.
149	147		(d) A person commits an offense if, knowing the character
150	148		and content of the visual material, the person promotes visual
151	149		material described by Subsection (b) on an Internet website or
152	150		other forum for publication that is owned or operated by the person.
153	151		(e) It is not a defense to prosecution under this section
154	152		that the depicted person:
155	153		(1) created or consented to the creation of the visual
156	154		material; or
157	155		(2) voluntarily transmitted the visual material to the
158	156		actor.
159	157		(f) It is an affirmative defense to prosecution under
160	158		Subsection (b) or (d) that:
161	159		(1) the disclosure or promotion is made in the course
162	160		of:
163	161		(A) lawful and common practices of law
164	162		enforcement or medical treatment;
165	163		(B) reporting unlawful activity; or
166	164		(C) a legal proceeding, if the disclosure or
167	165		promotion is permitted or required by law;
168	166		(2) the disclosure or promotion consists of visual
169	167		material depicting in a public or commercial setting only a
170	168		person's voluntary exposure of:
171	169		(A) the person's intimate parts; or
172	170		(B) the person engaging in sexual conduct; or
173	171		(3) the actor is an interactive computer service, as
174	172		defined by 47 U.S.C. Section 230, and the disclosure or promotion
175	173		consists of visual material provided by another person.
176	174		(g) An offense under this section is a Class A misdemeanor.
177	175		(h) If conduct that constitutes an offense under this
178	176		section also constitutes an offense under another law, the actor
179	177		may be prosecuted under this section, the other law, or both.
180	178		SECTION 4. (a) Chapter 98B, Civil Practice and Remedies
181	179		Code, as added by this Act, applies only to a cause of action that
182	180		accrues on or after the effective date of this Act. A cause of
183	181		action that accrues before the effective date of this Act is
184	182		governed by the law in effect immediately before that date, and that
185	183		law is continued in effect for that purpose.
186	184		(b) Section 21.16, Penal Code, as added by this Act, applies
187	185		to visual material disclosed or promoted, or threatened to be
188	186		disclosed, on or after the effective date of this Act, regardless of
189	187		whether the visual material was created or transmitted to the actor
190	188		before, on, or after that date.
191	189		SECTION 5. This Act takes effect September 1, 2015.
	190	+	______________________________ ______________________________
	191	+	President of the Senate Speaker of the House
	192	+	I hereby certify that S.B. No. 1135 passed the Senate on
	193	+	April 14, 2015, by the following vote: Yeas 31, Nays 0.
	194	+	______________________________
	195	+	Secretary of the Senate
	196	+	I hereby certify that S.B. No. 1135 passed the House on
	197	+	May 26, 2015, by the following vote: Yeas 143, Nays 0, two
	198	+	present not voting.
	199	+	______________________________
	200	+	Chief Clerk of the House
	201	+	Approved:
	202	+	______________________________
	203	+	Date
	204	+	______________________________
	205	+	Governor