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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of unlawful disclosure or |
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promotion of intimate visual material. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Penal Code, is amended by adding |
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Section 21.16 to read as follows: |
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Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE |
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VISUAL MATERIAL. (a) In this section: |
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(1) "Intimate parts" means the naked genitals, pubic |
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area, anus, buttocks, or female nipple of a person. |
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(2) "Promote" means to procure, manufacture, issue, |
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sell, give, provide, lend, mail, deliver, transfer, transmit, |
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publish, distribute, circulate, disseminate, present, exhibit, or |
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advertise or to offer or agree to do any of the above. |
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(3) "Sexual conduct" means sexual contact, actual or |
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simulated sexual intercourse, deviate sexual intercourse, sexual |
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bestiality, masturbation, or sadomasochistic abuse. |
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(4) "Simulated" means the explicit depiction of sexual |
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conduct that creates the appearance of actual sexual conduct and |
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during which a person engaging in the conduct exhibits any |
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uncovered portion of the breasts, genitals, or buttocks. |
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(5) "Visual material" means: |
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(A) any film, photograph, videotape, negative, |
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or slide or any photographic reproduction that contains or |
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incorporates in any manner any film, photograph, videotape, |
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negative, or slide; or |
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(B) any disk, diskette, or other physical medium |
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that allows an image to be displayed on a computer or other video |
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screen and any image transmitted to a computer or other video screen |
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by telephone line, cable, satellite transmission, or other method. |
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(b) A person commits an offense if: |
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(1) without the effective consent of the depicted |
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person, the person intentionally discloses visual material |
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depicting another person with the person's intimate parts exposed |
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or engaged in sexual conduct; |
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(2) the visual material was obtained by the person or |
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created under circumstances in which the depicted person had a |
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reasonable expectation that the visual material would remain |
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private; |
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(3) the disclosure of the visual material causes harm |
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to the depicted person; and |
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(4) the disclosure of the visual material reveals the |
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identity of the depicted person in any manner, including through: |
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(A) any accompanying or subsequent information |
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or material related to the visual material; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the visual material. |
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(c) A person commits an offense if the person intentionally |
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threatens to disclose, without the consent of the depicted person, |
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visual material depicting another person with the person's intimate |
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parts exposed or engaged in sexual conduct and the actor makes the |
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threat to obtain a benefit: |
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(1) in return for not making the disclosure; or |
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(2) in connection with the threatened disclosure. |
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(d) A person commits an offense if, knowing the character |
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and content of the visual material, the person promotes visual |
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material described by Subsection (b) on an Internet website or |
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other forum for publication that is owned or operated by the person. |
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(e) It is not a defense to prosecution under this section |
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that the depicted person: |
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(1) created or consented to the creation of the visual |
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material; or |
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(2) voluntarily transmitted the visual material to the |
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actor. |
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(f) It is an affirmative defense to prosecution under |
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Subsection (b) or (d) that: |
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(1) the disclosure or promotion is made in the course |
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of: |
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(A) lawful and common practices of law |
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enforcement or medical treatment; |
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(B) reporting unlawful activity; or |
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(C) a legal proceeding, if the disclosure or |
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promotion is permitted or required by law; |
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(2) the disclosure or promotion consists of visual |
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material depicting in a public or commercial setting only a |
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person's voluntary exposure of: |
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(A) the person's intimate parts; or |
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(B) the person engaging in sexual conduct; or |
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(3) the actor is an interactive computer service, as |
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defined by 47 U.S.C. Section 230, and the disclosure or promotion |
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consists of visual material provided by another person. |
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(g) An offense under this section is a Class A misdemeanor. |
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(h) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. Section 21.16, Penal Code, as added by this Act, |
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applies to visual material disclosed or promoted, or threatened to |
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be disclosed, on or after the effective date of this Act, regardless |
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of whether the visual material was created or transmitted to the |
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actor before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2015. |
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* * * * * |