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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 online harassment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Penal Code, is amended by adding |
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Section 33.07 to read as follows: |
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Sec. 33.07. ONLINE HARASSMENT. (a) A person commits an |
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offense if the person uses the name or persona of another person to |
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create a web page on or to post one or more messages on a commercial |
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social networking site: |
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(1) without obtaining the other person's consent; and |
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(2) with the intent to harass, embarrass, intimidate, |
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or threaten any person. |
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(b) A person commits an offense if the person sends an |
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electronic mail, instant message, text message, or similar |
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communication that references a name, domain address, phone number, |
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or other item of identifying information belonging to any person: |
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(1) without obtaining the other person's consent; and |
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(2) with the intent to cause a recipient of the |
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communication to reasonably believe that the other person |
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authorized or transmitted the communication. |
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(c) An offense under this section is a Class A misdemeanor, |
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except that the offense is a felony of the third degree if the actor |
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commits the offense with the intent to harm or defraud another. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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(e) In this section: |
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(1) "Commercial social networking site" means any |
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business, organization, or other similar entity operating a website |
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that permits persons to become registered users for the purpose of |
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establishing personal relationships with other users through |
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direct or real-time communication with other users or the creation |
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of web pages or profiles available to the public or to other users. |
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The term does not include an electronic mail program or a message |
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board program. |
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(2) "Identifying information" has the meaning |
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assigned by Section 32.51. |
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SECTION 2. This Act takes effect September 1, 2009. |