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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) "Promote" has the meaning assigned by Section |
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43.21. |
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(2) "Sexual or other intimate parts," means the human |
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genitals, anus, buttocks, pubic area or any portion of the female |
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breast below a point immediately above the tiptop of the areola, |
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whether naked or covered by clothing or undergarments. |
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(3) A person commits an offense if the person |
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intentionally or knowingly photographs, videos, or by other |
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electronic means records, broadcasts, or transmits a visual image |
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of the sexual or other intimate parts of another person or another |
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person engaged sexual conduct, without that person's effective |
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consent and when a reasonable person would believe that the |
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person's sexual or other intimate parts or sexual conduct would not |
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be visible to the public. |
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(a) An act described above is presumed to be without |
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effective consent as defined by Section 22.011(b)(1), (2), (3), |
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(4), (5), (6), (7), and (8) or if it is accomplished by: |
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1. Conduct which is hidden or conducted secretly, or |
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an attempt thereof; |
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2. Conduct which Uses equipment such as telephoto lens |
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which allows the recording of the sexual or other intimate parts or |
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another person's sexual conduct when such would not ordinarily be |
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visible to the public; |
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3. Deception, including but not limited to |
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misrepresenting how the photograph, video, or electronic record |
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will be used or disseminated; or |
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(b) Conduct directed towards a child as defined by Section |
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43.251(a)(1). |
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(c) An offense under this section is a state jail felony, |
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except that the offense is a felony of the third degree if it is |
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shown on the trial of the offense that the victim was younger than |
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18 years of age at the time of the commission of the offense. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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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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SECTION 3. This Act takes effect September 1, 2015. |