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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 unlawful disclosure of |
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certain visual material. |
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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 DISCLOSURE OF CERTAIN VISUAL MATERIAL. |
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(a) In this section: |
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(1) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(2) "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 the person: |
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(1) intentionally displays, distributes, publishes, |
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advertises, offers, or otherwise discloses visual material |
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depicting another person engaged in sexual conduct; and |
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(2) knows or should have known that the depicted |
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person has not consented to the disclosure. |
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(c) It is a defense to prosecution under this section that: |
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(1) the disclosure 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 disclosure was |
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permitted or required by law; |
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(2) the disclosure consists of visual material |
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depicting only a voluntary exposure of sexual conduct in a public or |
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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 disclosure |
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consisted 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. |