86R760 KJE-F
By: Menéndez S.B. No. 97
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the criminal offense of unlawful
disclosure or promotion of intimate visual material.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.16(b), Penal Code, is amended to read
as follows:
(b) A person commits an offense if:
(1) without the effective consent of the depicted
person and with the intent to harm that person, the person
[intentionally] discloses visual material depicting another person
with the person's intimate parts exposed or engaged in sexual
conduct;
(2) the person knows or has reason to believe that the
visual material was obtained by the person or created under
circumstances in which the depicted person had a reasonable
expectation that the visual material would remain private;
(3) the disclosure of the visual material causes harm
to the depicted person; and
(4) the disclosure of the visual material reveals the
identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information
or material related to the visual material; or
(B) information or material provided by a third
party in response to the disclosure of the visual material.
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.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2019.