By: Campbell S.B. No. 1446
A BILL TO BE ENTITLED
AN ACT
Relating to the prosecution of the offense of improper photography
or visual recording.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.15(a) and (b), Penal Code, are
amended to read as follows:
(a) In this section, "promote" has the meaning assigned by
Section 43.21. "sexual or other intimate parts," means the human
genitals, anus, buttocks, pubic area, or any portion of the female
breast below the top of the areola, whether naked or covered by
clothing or undergarments.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic
means records, broadcasts, or transmits a visual image of another
at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual
desire of any person;
(2) photographs or by videotape or other electronic
means records, broadcasts, or transmits a visual image of another
at a location that is a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person;
or
(ii) arouse or gratify the sexual desire of
any person; or
(3) knowing the character and content of the
photograph, recording, broadcast, or transmission, promotes a
photograph, recording, broadcast, or transmission described by
Subdivision (1) or (2). intentionally or knowingly photographs,
videos, or by other electronic means records, broadcasts, or
transmits a visual image of the sexual or other intimate parts of
another person or another person engaged sexual conduct, without
that person's effective consent and when a reasonable person would
believe that the person's sexual or other intimate parts or sexual
conduct would not be visible to the public.
(c) An act described above is presumed to be without
effective consent as defined by Section 22.011(b)(1), (2), (3),
(4), (5), (6), (7), and (8) or if it is accomplished by:
1. Conduct which is hidden or conducted secretly, or
an attempt thereof;
2. Conduct which uses equipment such as telephoto
lens which allows the recording of the sexual or other intimate
parts or another person's sexual conduct when such would not
ordinarily be visible to the public;
3. Deception, including but not limited to
misrepresenting how the photograph, video, or electronic record
will be used or disseminated; or
4. Conduct directed towards a child as defined by
Section 43.251(a)(1).
(c)(d) An offense under this section is a state jail felony.,
except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the victim was younger than
18 years of age at the time of the commission of the offense.
(d)(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law., the other
law, or both.
(e) For purposes of Subsection (b)(2), a sign or signs
posted indicating that the person is being photographed or that a
visual image of the person is being recorded, broadcast, or
transmitted is not sufficient to establish the person's consent
under that subdivision.
SECTION 2. The change in law made by this Act applies only to an
offense committed on or after the effective date of this Act.
SECTION 3. This Act shall take effect September 1, 2015