Texas 2015 - 84th Regular

Texas Senate Bill SB1446 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Campbell S.B. No. 1446
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	Relating to the prosecution of the offense of improper photography
7	7	or visual recording.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 21.15(a) and (b), Penal Code, are
10	10	amended to read as follows:
11	11	(a) In this section, "promote" has the meaning assigned by
12	12	Section 43.21. "sexual or other intimate parts," means the human
13	13	genitals, anus, buttocks, pubic area, or any portion of the female
14	14	breast below the top of the areola, whether naked or covered by
15	15	clothing or undergarments.
16	16	(b) A person commits an offense if the person:
17	17	(1) photographs or by videotape or other electronic
18	18	means records, broadcasts, or transmits a visual image of another
19	19	at a location that is not a bathroom or private dressing room:
20	20	(A) without the other person's consent; and
21	21	(B) with intent to arouse or gratify the sexual
22	22	desire of any person;
23	23	(2) photographs or by videotape or other electronic
24	24	means records, broadcasts, or transmits a visual image of another
25	25	at a location that is a bathroom or private dressing room:
26	26	(A) without the other person's consent; and
27	27	(B) with intent to:
28	28	(i) invade the privacy of the other person;
29	29	or
30	30	(ii) arouse or gratify the sexual desire of
31	31	any person; or
32	32	(3) knowing the character and content of the
33	33	photograph, recording, broadcast, or transmission, promotes a
34	34	photograph, recording, broadcast, or transmission described by
35	35	Subdivision (1) or (2). intentionally or knowingly photographs,
36	36	videos, or by other electronic means records, broadcasts, or
37	37	transmits a visual image of the sexual or other intimate parts of
38	38	another person or another person engaged sexual conduct, without
39	39	that person's effective consent and when a reasonable person would
40	40	believe that the person's sexual or other intimate parts or sexual
41	41	conduct would not be visible to the public.
42	42	(c) An act described above is presumed to be without
43	43	effective consent as defined by Section 22.011(b)(1), (2), (3),
44	44	(4), (5), (6), (7), and (8) or if it is accomplished by:
45	45	1. Conduct which is hidden or conducted secretly, or
46	46	an attempt thereof;
47	47	2. Conduct which uses equipment such as telephoto
48	48	lens which allows the recording of the sexual or other intimate
49	49	parts or another person's sexual conduct when such would not
50	50	ordinarily be visible to the public;
51	51	3. Deception, including but not limited to
52	52	misrepresenting how the photograph, video, or electronic record
53	53	will be used or disseminated; or
54	54	4. Conduct directed towards a child as defined by
55	55	Section 43.251(a)(1).
56	56	(c)(d) An offense under this section is a state jail felony.,
57	57	except that the offense is a felony of the third degree if it is
58	58	shown on the trial of the offense that the victim was younger than
59	59	18 years of age at the time of the commission of the offense.
60	60	(d)(e) If conduct that constitutes an offense under this
61	61	section also constitutes an offense under any other law, the actor
62	62	may be prosecuted under this section or the other law., the other
63	63	law, or both.
64	64	(e) For purposes of Subsection (b)(2), a sign or signs
65	65	posted indicating that the person is being photographed or that a
66	66	visual image of the person is being recorded, broadcast, or
67	67	transmitted is not sufficient to establish the person's consent
68	68	under that subdivision.
69	69	SECTION 2. The change in law made by this Act applies only to an
70	70	offense committed on or after the effective date of this Act.
71	71	SECTION 3. This Act shall take effect September 1, 2015