Texas 2025 - 89th Regular

Texas Senate Bill SB2789 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R17702 JRR-D
2	2	By: Menéndez S.B. No. 2789
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of and punishment for the criminal
10	10	offense of invasive visual recording and the applicability of sex
11	11	offender registration requirements to that offense; increasing a
12	12	criminal penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 62.001(5), Code of Criminal Procedure,
15	15	is amended to read as follows:
16	16	(5) "Reportable conviction or adjudication" means a
17	17	conviction or adjudication, including an adjudication of
18	18	delinquent conduct or a deferred adjudication, that, regardless of
19	19	the pendency of an appeal, is a conviction for or an adjudication
20	20	for or based on:
21	21	(A) a violation of Section 21.02 (Continuous
22	22	sexual abuse of young child or disabled individual), 21.09
23	23	(Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive
24	24	visual recording), 22.011 (Sexual assault), 22.021 (Aggravated
25	25	sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;
26	26	(B) a violation of Section 43.04 (Aggravated
27	27	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
28	28	(Sexual performance by a child), or 43.26 (Possession or promotion
29	29	of child pornography), Penal Code;
30	30	(B-1) a violation of Section 43.021
31	31	(Solicitation of Prostitution), Penal Code, if the offense is
32	32	punishable as a felony of the second degree;
33	33	(C) a violation of Section 20.04(a)(4)
34	34	(Aggravated kidnapping), Penal Code, if the actor committed the
35	35	offense or engaged in the conduct with intent to violate or abuse
36	36	the victim sexually;
37	37	(D) a violation of Section 30.02 (Burglary),
38	38	Penal Code, if the offense or conduct is punishable under
39	39	Subsection (d) of that section and the actor committed the offense
40	40	or engaged in the conduct with intent to commit a felony listed in
41	41	Paragraph (A) or (C);
42	42	(E) a violation of Section 20.02 (Unlawful
43	43	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
44	44	Penal Code, if, as applicable:
45	45	(i) the judgment in the case contains an
46	46	affirmative finding under Article 42.015; or
47	47	(ii) the order in the hearing or the papers
48	48	in the case contain an affirmative finding that the victim or
49	49	intended victim was younger than 17 years of age;
50	50	(F) the second violation of Section 21.08
51	51	(Indecent exposure), Penal Code, but not if the second violation
52	52	results in a deferred adjudication;
53	53	(G) an attempt, conspiracy, or solicitation, as
54	54	defined by Chapter 15, Penal Code, to commit an offense or engage in
55	55	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
56	56	(H) a violation of the laws of another state,
57	57	federal law, the laws of a foreign country, or the Uniform Code of
58	58	Military Justice for or based on the violation of an offense
59	59	containing elements that are substantially similar to the elements
60	60	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
61	61	(G), (J), (K), or (L), but not if the violation results in a
62	62	deferred adjudication;
63	63	(I) the second violation of the laws of another
64	64	state, federal law, the laws of a foreign country, or the Uniform
65	65	Code of Military Justice for or based on the violation of an offense
66	66	containing elements that are substantially similar to the elements
67	67	of the offense of indecent exposure, but not if the second violation
68	68	results in a deferred adjudication;
69	69	(J) a violation of Section 33.021 (Online
70	70	solicitation of a minor), Penal Code;
71	71	(K) a violation of Section 20A.02(a)(3), (4),
72	72	(7), or (8) (Trafficking of persons), Penal Code; or
73	73	(L) a violation of Section 20A.03 (Continuous
74	74	trafficking of persons), Penal Code, if the offense is based partly
75	75	or wholly on conduct that constitutes an offense under Section
76	76	20A.02(a)(3), (4), (7), or (8) of that code.
77	77	SECTION 2. Section 21.15(a), Penal Code, is amended by
78	78	adding Subdivision (5) to read as follows:
79	79	(5) "Sexual conduct" has the meaning assigned by
80	80	Section 21.16.
81	81	SECTION 3. Section 21.15, Penal Code, is amended by
82	82	amending Subsections (b) and (c) and adding Subsection (c-1) to
83	83	read as follows:
84	84	(b) A person commits an offense if, without the other
85	85	person's consent and with intent to invade the privacy of the other
86	86	person, the person:
87	87	(1) photographs or by videotape or other electronic
88	88	means records, broadcasts, or transmits a visual image of:
89	89	(A) another person engaged in sexual conduct in a
90	90	location that is not a public place; or
91	91	(B) an intimate area of another person if the
92	92	other person has a reasonable expectation that the intimate area is
93	93	not subject to public view;
94	94	(2) photographs or by videotape or other electronic
95	95	means records, broadcasts, or transmits a visual image of another
96	96	in a bathroom or changing room; or
97	97	(3) knowing the character and content of the
98	98	photograph, recording, broadcast, or transmission, promotes a
99	99	photograph, recording, broadcast, or transmission described by
100	100	Subdivision (1) or (2).
101	101	(c) An offense under Subsection (b)(1) or (2) [this section]
102	102	is a state jail felony with a minimum term of confinement of one
103	103	year, except that the offense is a felony of the third degree if it
104	104	is shown on the trial of the offense that the actor has been
105	105	previously convicted of an offense described by Article 62.001(5),
106	106	Code of Criminal Procedure.
107	107	(c-1) An offense under Subsection (b)(3) is a felony of the
108	108	third degree.
109	109	SECTION 4. The changes in law made by this Act apply only to
110	110	an offense committed on or after the effective date of this Act. An
111	111	offense committed before the effective date of this Act is governed
112	112	by the law in effect on the date the offense was committed, and the
113	113	former law is continued in effect for that purpose. For purposes of
114	114	this section, an offense was committed before the effective date of
115	115	this Act if any element of the offense was committed before that
116	116	date.
117	117	SECTION 5. This Act takes effect September 1, 2025.