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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of improper photography |
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or visual recording. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.15(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) In this section: |
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(1) "Female breast" means any portion of the female |
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breast below the top of the areola. |
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(2) "Intimate area" means the naked or |
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undergarment-clad genitals, pubic area, anus, buttocks, or female |
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breast of a person. |
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(3) "Place in which a person has a reasonable |
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expectation of privacy" means a place in which a reasonable person |
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would believe that the person could disrobe in privacy, without |
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being concerned that the act of undressing would be photographed or |
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filmed by another. |
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(4) "Promote" [, "promote"] has the meaning assigned |
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by Section 43.21. |
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(b) A person commits an offense if, without the other |
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person's consent and with intent to invade the privacy of the other |
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person, the person: |
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(1) photographs or by videotape or other electronic |
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means records, broadcasts, or transmits a visual image of an |
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intimate area of another person under circumstances in which the |
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other person has a reasonable expectation of privacy, regardless of |
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whether the other person is in a public or private place; [another
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at a location that is not a bathroom or private dressing room:
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[(A) without the other person's consent; and
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[(B)
with intent to arouse or gratify the sexual
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desire of any person;] |
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(2) photographs or by videotape or other electronic |
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means records, broadcasts, or transmits a visual image of another |
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person in a place in which the other person has a reasonable |
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expectation of privacy [another at a location that is a bathroom or
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private dressing room:
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[(A) without the other person's consent; and
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[(B) with intent to:
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[(i)
invade the privacy of the other
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person; or
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[(ii)
arouse or gratify the sexual desire
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of any person]; or |
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(3) knowing the character and content of the |
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photograph, recording, broadcast, or transmission, promotes a |
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photograph, recording, broadcast, or transmission described by |
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Subdivision (1) or (2). |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |