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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal liability for the unlawful |
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disclosure or 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. Section 98B.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(c) to read as follows: |
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(a) A defendant is liable, as provided by this chapter, to a |
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person depicted in intimate visual material for damages arising |
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from the disclosure of the material if: |
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(1) the defendant discloses the intimate visual |
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material without the effective consent of the depicted person and |
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with the intent to harm that person; |
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(2) either: |
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(A) at the time of the disclosure, the defendant |
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knows or has reason to believe that the intimate visual material was |
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obtained by the defendant or created under circumstances in which |
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the depicted person had a reasonable expectation that the material |
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would remain private; or |
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(B) the intimate visual material was created, |
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adapted, or modified as described by Subsection (c); |
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(3) the disclosure of the intimate visual material |
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causes harm to the depicted person; and |
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(4) the disclosure of the intimate visual material |
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reveals the identity of the depicted person in any manner, |
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including through: |
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(A) any accompanying or subsequent information |
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or material related to the intimate 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 intimate visual |
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material. |
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(c) For purposes of conduct for which a defendant is liable |
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under Subsection (a) or (b), intimate visual material to which that |
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conduct applies includes a depiction of a person: |
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(1) who is recognizable as an actual person by the |
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person's face, likeness, or other distinguishing characteristic, |
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such as a unique birthmark or other recognizable feature; and |
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(2) whose image was used in creating, adapting, or |
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modifying the intimate visual material, including |
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computer-generated intimate visual material that was created, |
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adapted, or modified using an artificial intelligence application |
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or other computer software. |
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SECTION 2. Section 21.16, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (d-1) to read as |
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follows: |
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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 and with the intent to harm that person, the person discloses |
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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; |
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(2) either: |
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(A) at the time of the disclosure, the person |
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knows or has reason to believe that the visual material was obtained |
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by the person or created under circumstances in which the depicted |
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person had a reasonable expectation that the visual material would |
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remain private; or |
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(B) the visual material was created, adapted, or |
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modified as described by Subsection (d-1); |
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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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(d-1) For purposes of conduct prohibited under Subsection |
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(b), (c), or (d), visual material to which that conduct applies |
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includes a depiction of a person: |
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(1) who is recognizable as an actual person by the |
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person's face, likeness, or other distinguishing characteristic, |
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such as a unique birthmark or other recognizable feature; and |
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(2) whose image was used in creating, adapting, or |
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modifying the visual material, including computer-generated visual |
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material that was created, adapted, or modified using an artificial |
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intelligence application or other computer software. |
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SECTION 3. (a) Section 98B.002, Civil Practice and |
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Remedies Code, as amended by this Act, applies only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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(b) Section 21.16, Penal Code, as amended by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |