Texas Senate Bill SB2789

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

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.

Impact

The bill aims to enhance the consequences for offenders by reclassifying certain intrusive recording acts from misdemeanors to felonies, suggesting greater penalties for existing crimes. For example, if a person is previously convicted of related sexual offenses, subsequent violations of the invasive recording statute would warrant a higher degree of felony classification, thereby increasing the potential sentence. Consequently, this act would likely contribute to a decrease in privacy violations and provide a greater sense of security to individuals in vulnerable situations.

Summary

Senate Bill 2789 addresses the prosecution and punishment related to the criminal offense of invasive visual recording. It proposes amendments to the Penal Code, specifically regarding the conditions under which someone may be charged for unlawfully recording individuals in private or intimate situations without their consent. By clarifying the definitions of invasion of privacy and sexual conduct, SB2789 significantly strengthens legal protections against unauthorized recordings, particularly in environments that expect a reasonable degree of privacy.

Contention

While proponents advocate for these measures as essential for protecting personal privacy, there may be concerns regarding due process and the implications of potentially overreaching definitions of privacy invasion. Critics might argue that the bill could lead to over-criminalization of behavior that may not inherently violate consent or privacy. Therefore, discussions around the bill are expected to revolve around balancing individual rights with the necessity of enforcing stricter privacy laws.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 21. Sexual Offenses
  • Section: 15

Code Of Criminal Procedure

• Chapter 62. Sex Offender Registration Program
  • Section: New Section