Bill Text: TX HB147 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of improper photography or visual recording.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-09 - Referred to Criminal Jurisprudence [HB147 Detail]
Download: Texas-2015-HB147-Introduced.html
84R470 JRR-D | ||
By: Menéndez | H.B. No. 147 |
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relating to the prosecution of the offense of improper photography | ||
or visual recording. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 21.15(a) and (b), Penal Code, are | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Female breast" means any portion of the female | ||
breast below the top of the areola. | ||
(2) "Intimate area" means the naked or | ||
undergarment-clad genitals, pubic area, anus, buttocks, or female | ||
breast of a person. | ||
(3) "Place in which a person has a reasonable | ||
expectation of privacy" means a place in which a reasonable person | ||
would believe that the person could disrobe in privacy, without | ||
being concerned that the act of undressing would be photographed or | ||
filmed by another. | ||
(4) "Promote" [ |
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by Section 43.21. | ||
(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 an | ||
intimate area of another person under circumstances in which the | ||
other person has a reasonable expectation of privacy, regardless of | ||
whether the other person is in a public or private place; [ |
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(2) photographs or by videotape or other electronic | ||
means records, broadcasts, or transmits a visual image of another | ||
person in a place in which the other person has a reasonable | ||
expectation of privacy [ |
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(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). | ||
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 occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2015. |