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78R2 ATP-D

By:  Howard                                                       H.B. No. 175



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an offense prohibiting the unsolicited 
transmission of depictions of sexual conduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended 
by adding Section 43.27 to read as follows:
	Sec. 43.27.  TRANSMISSION OF DEPICTION OF SEXUAL CONDUCT. 
(a)  In this section:
		(1)  "Sexual conduct" has the meaning assigned by 
Section 43.25.     
		(2)  "Transmit" means to send visual material from a 
location in this state, to a location that the person making the 
transmission knows or has reason to know is in this state, or 
through equipment located in this state by any means that may be 
used to convey such material.  The term includes sending visual 
material by mail, electronic mail, or facsimile.
		(3)  "Visual material" has the meaning assigned by 
Section 43.26.    
	(b)  A person commits an offense if the person knowingly 
transmits visual material that:
		(1)  depicts sexual conduct; and                                       
		(2)  is not sent at the request of or with the express 
consent of the recipient.
	(c)  An offense under this section is a Class A misdemeanor.            
	SECTION 2.  This Act takes effect September 1, 2003.