| 1 | | - | H.B. No. 2789 |
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| 1 | + | By: Meyer, et al. H.B. No. 2789 |
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| 2 | + | (Senate Sponsor - Huffman, Lucio, Zaffirini) |
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| 3 | + | (In the Senate - Received from the House April 26, 2019; |
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| 4 | + | April 29, 2019, read first time and referred to Committee on State |
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| 5 | + | Affairs; May 10, 2019, reported favorably by the following vote: |
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| 6 | + | Yeas 9, Nays 0; May 10, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to the creation of the criminal offense of unlawful |
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| 6 | 13 | | electronic transmission of sexually explicit visual material. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Chapter 21, Penal Code, is amended by adding |
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| 9 | 16 | | Section 21.19 to read as follows: |
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| 10 | 17 | | Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY |
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| 11 | 18 | | EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," |
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| 12 | 19 | | "sexual conduct," and "visual material" have the meanings assigned |
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| 13 | 20 | | by Section 21.16. |
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| 14 | 21 | | (b) A person commits an offense if the person knowingly |
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| 15 | 22 | | transmits by electronic means visual material that: |
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| 16 | 23 | | (1) depicts: |
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| 17 | 24 | | (A) any person engaging in sexual conduct or with |
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| 18 | 25 | | the person's intimate parts exposed; or |
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| 19 | 26 | | (B) covered genitals of a male person that are in |
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| 20 | 27 | | a discernibly turgid state; and |
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| 21 | 28 | | (2) is not sent at the request of or with the express |
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| 22 | 29 | | consent of the recipient. |
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| 23 | 30 | | (c) An offense under this section is a Class C misdemeanor. |
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| 24 | 31 | | (d) If conduct that constitutes an offense under this |
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| 25 | 32 | | section also constitutes an offense under any other law, the actor |
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| 26 | 33 | | may be prosecuted under this section or the other law. |
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| 27 | 34 | | SECTION 2. This Act takes effect September 1, 2019. |
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| 28 | | - | ______________________________ ______________________________ |
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| 29 | | - | President of the Senate Speaker of the House |
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| 30 | | - | I certify that H.B. No. 2789 was passed by the House on April |
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| 31 | | - | 25, 2019, by the following vote: Yeas 122, Nays 12, 1 present, not |
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| 32 | | - | voting. |
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| 33 | | - | ______________________________ |
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| 34 | | - | Chief Clerk of the House |
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| 35 | | - | I certify that H.B. No. 2789 was passed by the Senate on May |
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| 36 | | - | 21, 2019, by the following vote: Yeas 31, Nays 0. |
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| 37 | | - | ______________________________ |
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| 38 | | - | Secretary of the Senate |
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| 39 | | - | APPROVED: _____________________ |
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| 40 | | - | Date |
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| 41 | | - | _____________________ |
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| 42 | | - | Governor |
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| 35 | + | * * * * * |
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