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A BILL TO BE ENTITLED
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AN ACT
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relating t |
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o the creation of the offense of unlawful dissemination |
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of certain visual material; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Penal Code, is amended by adding |
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Section 21.16 to read as follows: |
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Sec. 21.16. UNLAWFUL DISSEMINATION OF CERTAIN VISUAL |
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MATERIAL. (a) In this section: |
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(1) "Exposed intimate parts" means a person's intimate |
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parts that are: |
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(A) entirely unclothed; or |
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(B) clothed in a manner that leaves any portion |
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of those parts uncovered or visible through less than fully opaque |
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clothing. |
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(2) "Intimate parts" means the genitals, pubic area, |
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anus, buttocks, or female nipple of a person. |
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(3) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(4) "Visual material" has the meaning assigned by |
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Section 43.26. |
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(b) A person commits an offense if: |
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(1) the person intentionally disseminates visual |
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material depicting the other person: |
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(A) with the other person's exposed intimate |
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parts; or |
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(B) engaged in sexual conduct; |
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(2) the person obtained the visual material under |
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circumstances in which a reasonable person should have known or |
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understood that the visual material was to remain private; |
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(3) the person knows or should have known that the |
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depicted person did not consent to the dissemination; |
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(4) the depicted person is identifiable from the |
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content of the visual material or from any information displayed in |
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connection with the visual material; and |
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(5) the person disseminates the visual material with |
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the intent to: |
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(A) harass, abuse, or torment the depicted |
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person; or |
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(B) obtain a benefit in return for or in |
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connection with the dissemination. |
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(c) It is a defense to prosecution under this section that: |
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(1) the dissemination is made in the course of: |
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(A) lawful and common practices of law |
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enforcement or medical treatment; |
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(B) reporting unlawful activity; or |
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(C) a legal proceeding, if the dissemination was |
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permitted or required by law; |
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(2) the dissemination consists of visual material |
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depicting only a voluntary exposure of intimate parts or sexual |
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conduct in a public or commercial setting; or |
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(3) the actor is an interactive computer service, as |
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defined by 47 U.S.C. Section 230, or a provider of an information |
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service, as defined by 47 U.S.C. Section 153, and the dissemination |
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consists of visual material provided by another person. |
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(d) An offense under this section is a state jail felony. |
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SECTION 2. This Act takes effect September 1, 2015. |