89R17702 JRR-D
By: Menéndez S.B. No. 2789
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for the criminal
offense of invasive visual recording and the applicability of sex
offender registration requirements to that offense; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.09
(Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive
visual recording), 22.011 (Sexual assault), 22.021 (Aggravated
sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child pornography), Penal Code;
(B-1) a violation of Section 43.021
(Solicitation of Prostitution), Penal Code, if the offense is
punishable as a felony of the second degree;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 2. Section 21.15(a), Penal Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Sexual conduct" has the meaning assigned by
Section 21.16.
SECTION 3. Section 21.15, Penal Code, is amended by
amending Subsections (b) and (c) and adding Subsection (c-1) to
read as follows:
(b) A person commits an offense if, without the other
person's consent and with intent to invade the privacy of the other
person, the person:
(1) photographs or by videotape or other electronic
means records, broadcasts, or transmits a visual image of:
(A) another person engaged in sexual conduct in a
location that is not a public place; or
(B) an intimate area of another person if the
other person has a reasonable expectation that the intimate area is
not subject to public view;
(2) photographs or by videotape or other electronic
means records, broadcasts, or transmits a visual image of another
in a bathroom or changing room; or
(3) knowing the character and content of the
photograph, recording, broadcast, or transmission, promotes a
photograph, recording, broadcast, or transmission described by
Subdivision (1) or (2).
(c) An offense under Subsection (b)(1) or (2) [this section]
is a state jail felony with a minimum term of confinement of one
year, except that the offense is a felony of the third degree if it
is shown on the trial of the offense that the actor has been
previously convicted of an offense described by Article 62.001(5),
Code of Criminal Procedure.
(c-1) An offense under Subsection (b)(3) is a felony of the
third degree.
SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025.