Texas 2023 - 88th Regular

Texas House Bill HB1896

Filed
2/3/23  
Out of House Committee
4/26/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil and criminal liability for the unlawful disclosure or promotion of intimate visual material.

Impact

The passage of HB 1896 signifies a proactive approach by the state to combat the growing incidence of revenge porn and to provide victims with necessary legal recourse. By introducing these liabilities, the bill could lead to increased accountability for individuals who engage in the unauthorized sharing of intimate material. Furthermore, the bill also addresses issues related to artificial intelligence by prohibiting the alteration of such images without the individual's consent, thereby preventing AI-driven exploitation. This aspect of the legislation acknowledges technological advancements and their potential misuse in harmful ways.

Summary

House Bill 1896 addresses the serious issue of non-consensual pornography, commonly referred to as revenge porn. This bill aims to establish both civil and criminal liabilities for the unlawful disclosure or promotion of intimate visual material shared without consent. It recognizes the damaging consequences this type of behavior can have on victims, who may suffer emotional distress and reputational harm. The bill reinforces the importance of consent in the distribution of intimate content, highlighting the need for legal protections in the digital age where such material can be easily shared and manipulated.

Sentiment

Overall, the sentiment around HB 1896 appeared to be favorable, with significant support observed during committee discussions and voting. The bill was passed with a notable majority of 138 ayes against only 2 nays, suggesting that lawmakers recognize the importance of protecting individuals from the harms of non-consensual image sharing. However, while support was clear among many legislators, the underlying implications of the legislation may still spark debates, particularly around privacy rights and the extent of government regulation over digital content.

Contention

Notable points of contention regarding HB 1896 may arise from discussions on balancing the right to free expression against the need for victim protection. Some critics may argue that stringent regulations could inadvertently suppress legitimate uses of intimate material in creative expressions or legitimate relationships. Furthermore, challenges relating to enforcement and the burden of proof required for victims to secure justice could be points of scrutiny. Consequently, while the bill represents a significant legislative step forward, the discourse surrounding its application and implications may continue to evolve.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 98. Liability For Trafficking Of Persons
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 21. Sexual Offenses
    • Section: 16
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

CA AB950

Political Reform Act of 1974: print advertisements.

PA HB95

Further providing for definitions.

MN HF1430

Well disclosure certificates modified, fee established, and money appropriated.

MN SF1769

Requirements modification for well disclosures certificates

CA SB66

Civil discovery.

SC H3049

Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act

CA AB847

Peace officers: confidentiality of records.

WV HB2860

Permitting civil remedies for the unauthorized disclosure of intimate images