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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring computer technicians to report images of |
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child pornography; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, as |
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effective April 1, 2009, is amended by adding Chapter 107 to read as |
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follows: |
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CHAPTER 107. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD |
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PORNOGRAPHY |
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Sec. 107.001. DEFINITIONS. In this chapter: |
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(1) "Child pornography" means an image of a child |
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engaging in sexual conduct or sexual performance. |
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(2) "Commercial mobile service provider" has the |
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meaning assigned by Section 64.201, Utilities Code. |
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(3) "Computer technician" means an individual who in |
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the course and scope of employment or business installs, repairs, |
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or otherwise services a computer for a fee. |
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(4) "Information service provider" includes an |
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Internet service provider and hosting service provider. |
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(5) "Sexual conduct" and "sexual performance" have the |
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meanings assigned by Section 43.25, Penal Code. |
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(6) "Telecommunications provider" has the meaning |
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assigned by Section 51.002, Utilities Code. |
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Sec. 107.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. A |
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computer technician who in the course and scope of employment or |
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business views an image on a computer that is or appears to be child |
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pornography shall immediately report the discovery of the image to |
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a local or state law enforcement agency or the Cyber Tipline at the |
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National Center for Missing and Exploited Children. The report |
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must include the name and address of the owner or person claiming a |
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right to possession of the computer, if known. |
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Sec. 107.003. IMMUNITY FROM LIABILITY. (a) Except in a |
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case of wilful or wanton misconduct, a computer technician is |
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immune from liability in a criminal or civil action brought against |
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the technician for reporting the discovery of an image under |
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Section 107.002. |
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(b) A telecommunications provider, commercial mobile |
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service provider, or information service provider is not liable |
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under this chapter for the failure to report child pornography that |
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is transmitted or stored by a user of the service. |
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Sec. 107.004. CRIMINAL PENALTY. (a) A person who violates |
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this chapter commits an offense. An offense under this subsection |
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is a Class B misdemeanor. |
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(b) It is a defense to prosecution under this section that |
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the actor did not report the discovery of an image of child |
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pornography because the child in the image appeared to be at least |
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18 years of age. |
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SECTION 2. This Act takes effect September 1, 2009. |