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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal liability for the disclosure of |
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certain visual material on the Internet; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98B to read as follows: |
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CHAPTER 98B. LIABILITY FOR DISCLOSURE OF CERTAIN VISUAL MATERIAL ON |
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INTERNET |
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Sec. 98B.001. DEFINITIONS. In this chapter: |
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(1) "Intimate parts" means the naked genitals, pubic |
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area, anus, buttocks, or female nipple of a person. |
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(2) "Intimate visual material" means visual material |
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that depicts a person: |
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(A) with the person's intimate parts exposed; or |
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(B) engaged in sexual conduct. |
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(3) "Sexual conduct" has the meaning assigned by |
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Section 43.25, Penal Code. |
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(4) "Visual material" has the meaning assigned by |
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Section 43.26, Penal Code. |
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Sec. 98B.002. LIABILITY FOR DISCLOSURE OF CERTAIN INTIMATE |
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VISUAL MATERIAL ON INTERNET. A defendant is liable, as provided by |
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this chapter, to a person depicted in intimate visual material for |
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damages arising from the placement of the material on the Internet |
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if the defendant intentionally engaged in conduct that violates |
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Section 21.16, Penal Code, with respect to the material. |
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Sec. 98B.003. DAMAGES. A claimant who prevails in a suit |
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under this chapter is entitled to recover: |
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(1) actual damages; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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Sec. 98B.004. INJUNCTIVE RELIEF. A court in which a suit is |
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brought under this chapter, on the motion of a party, may issue a |
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temporary restraining order or a temporary or permanent injunction |
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to restrain and prevent the placement of intimate visual material |
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on the Internet with respect to the person depicted in the material. |
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Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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Sec. 98B.006. LIBERAL CONSTRUCTION AND APPLICATION; |
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CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally |
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construed and applied to promote its underlying purpose to protect |
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persons from, and provide adequate remedies to victims of, unlawful |
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placement of intimate visual material on the Internet. |
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(b) This chapter does not apply to a claim brought against |
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an interactive computer service, as defined by 47 U.S.C. Section |
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230, for conduct that consists only of a disclosure of intimate |
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visual material provided by another person. |
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SECTION 2. 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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ON INTERNET. (a) In this section: |
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(1) "Intimate parts" means the naked genitals, pubic |
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area, anus, buttocks, or female nipple of a person. |
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(2) "Sexual conduct" has the meaning assigned by |
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Section 43.25. |
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(3) "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 causes emotional |
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distress to another person by intentionally placing on the Internet |
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visual material depicting the other person: |
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(A) with the other person's intimate parts |
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exposed; or |
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(B) engaged in sexual conduct; |
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(2) the person knows that the depicted person did not |
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consent to the placement of the visual material on the Internet; |
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(3) the visual material was obtained by the person or |
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created under circumstances in which the depicted person had a |
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reasonable expectation that the visual material would remain |
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private; and |
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(4) the placement of the visual material on the |
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Internet, including any accompanying or subsequent information or |
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material related to the visual material, reveals the identity of |
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the depicted person in any manner, including by: |
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(A) the content of the visual material; |
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(B) information or material accompanying the |
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visual material; or |
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(C) information or material provided by a third |
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party in response to the person's placement of the visual material |
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on the Internet. |
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(c) It is a defense to prosecution under this section that: |
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(1) the visual material placed on the Internet depicts |
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only a voluntary exposure of intimate parts or sexual conduct in a |
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public or commercial setting; or |
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(2) the actor is an interactive computer service, as |
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defined by 47 U.S.C. Section 230, and the conduct consisted only of |
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a disclosure of visual material provided by another person. |
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(d) An offense under this section is a felony of the third |
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degree. |
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SECTION 3. (a) Chapter 98B, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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(b) Section 21.16, Penal Code, as added by this Act, applies |
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to visual material placed on the Internet on or after the effective |
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date of this Act, regardless of whether the visual material was |
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obtained by the actor or created before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2015. |