H.B. No. 2789
AN ACT
relating to the creation of the criminal offense of unlawful
electronic transmission of sexually explicit visual material.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Penal Code, is amended by adding
Section 21.19 to read as follows:
Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY
EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts,"
"sexual conduct," and "visual material" have the meanings assigned
by Section 21.16.
(b) A person commits an offense if the person knowingly
transmits by electronic means visual material that:
(1) depicts:
(A) any person engaging in sexual conduct or with
the person's intimate parts exposed; or
(B) covered genitals of a male person that are in
a discernibly turgid state; and
(2) is not sent at the request of or with the express
consent of the recipient.
(c) An offense under this section is a Class C misdemeanor.
(d) 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.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2789 was passed by the House on April
25, 2019, by the following vote: Yeas 122, Nays 12, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2789 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor