| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of the criminal offense of unlawful |
|
|
disclosure or promotion of intimate visual material. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.16(b), Penal Code, is amended to read |
|
|
as follows: |
|
|
(b) A person commits an offense if: |
|
|
(1) without the effective consent of the depicted |
|
|
person and with the intent to harm that person, the person |
|
|
[intentionally] discloses visual material depicting another person |
|
|
with the person's intimate parts exposed or engaged in sexual |
|
|
conduct; |
|
|
(2) the person knows or has reason to believe that the |
|
|
visual material was obtained by the person or created under |
|
|
circumstances in which the depicted person had a reasonable |
|
|
expectation that the visual material would remain private; |
|
|
(3) the disclosure of the visual material causes harm |
|
|
to the depicted person; and |
|
|
(4) the disclosure of the visual material reveals the |
|
|
identity of the depicted person in any manner, including through: |
|
|
(A) any accompanying or subsequent information |
|
|
or material related to the visual material; or |
|
|
(B) information or material provided by a third |
|
|
party in response to the disclosure of the visual material. |
|
|
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 was |
|
|
committed before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |