Bill Text: TX SB1190 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requiring computer technicians to report images of child pornography; providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-12 - Referred to Criminal Justice [SB1190 Detail]
Download: Texas-2013-SB1190-Introduced.html
| 83R8675 DDT-F | ||
| By: Davis | S.B. No. 1190 | |
|
|
||
|
|
||
| relating to requiring computer technicians to report images of | ||
| child pornography; providing a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
| amended by adding Chapter 109 to read as follows: | ||
| CHAPTER 109. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD | ||
| PORNOGRAPHY | ||
| Sec. 109.001. DEFINITIONS. In this chapter: | ||
| (1) "Child pornography" means an image of a child | ||
| engaging in sexual conduct or sexual performance. | ||
| (2) "Commercial mobile service provider" has the | ||
| meaning assigned by Section 64.201, Utilities Code. | ||
| (3) "Computer technician" means an individual who in | ||
| the course and scope of employment or business installs, repairs, | ||
| or otherwise services a computer for a fee. | ||
| (4) "Information service provider" includes an | ||
| Internet service provider and hosting service provider. | ||
| (5) "Sexual conduct" and "sexual performance" have the | ||
| meanings assigned by Section 43.25, Penal Code. | ||
| (6) "Telecommunications provider" has the meaning | ||
| assigned by Section 51.002, Utilities Code. | ||
| Sec. 109.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. | ||
| (a) A computer technician who, in the course and scope of | ||
| employment or business, views an image on a computer that is or | ||
| appears to be child pornography shall immediately report the | ||
| discovery of the image to a local or state law enforcement agency or | ||
| the Cyber Tipline at the National Center for Missing and Exploited | ||
| Children. The report must include the name and address of the owner | ||
| or person claiming a right to possession of the computer, if known, | ||
| and as permitted by federal law. | ||
| (b) A computer technician may not be held liable on account | ||
| of any action taken in good faith to comply with this section. | ||
| (c) A telecommunications provider, commercial mobile | ||
| service provider, or information service provider may not be held | ||
| liable under this chapter for the failure to report child | ||
| pornography that is transmitted or stored by a user of the service. | ||
| Sec. 109.003. CRIMINAL PENALTY. (a) A person who violates | ||
| this chapter commits an offense. An offense under this subsection | ||
| is a Class B misdemeanor. | ||
| (b) It is a defense to prosecution under this section that | ||
| the actor did not report the discovery of an image of child | ||
| pornography because the child in the image appeared to be at least | ||
| 18 years of age. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
