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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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intimate 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 INTIMATE VISUAL |
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MATERIAL. (a) In this section: |
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(1) "Dating relationship" has the meaning assigned by |
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Section 71.0021, Family Code. |
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(2) "Intimate parts" means the naked genitals, pubic |
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area, anus, buttocks, or female nipple of a person. |
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(3) "Sexual conduct" means sexual contact, actual or |
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simulated sexual intercourse, deviate sexual intercourse, sexual |
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bestiality, masturbation, or sadomasochistic abuse. |
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(4) "Simulated" has the meaning assigned by Section |
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43.25. |
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(5) "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) without the consent of the depicted person, the |
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actor intentionally displays, distributes, publishes, advertises, |
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offers, or otherwise discloses visual material depicting the |
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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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(2) the disclosure of the visual material causes |
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severe emotional distress to the depicted person; and |
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(3) the visual material was obtained by the actor 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, or the actor: |
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(A) discloses the visual material with the intent |
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to: |
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(i) harass, annoy, alarm, abuse, torment, |
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or embarrass the person; or |
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(ii) obtain a benefit in return for or in |
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connection with the disclosure; or |
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(B) obtains a benefit in return for or in |
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connection with the disclosure. |
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(c) It is not a defense to prosecution under this section |
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that the depicted person: |
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(1) created or consented to the creation of the visual |
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material; or |
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(2) voluntarily transmitted the visual material to the |
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actor. |
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(d) 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 is |
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permitted or required by law; 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 disclosure consists of |
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visual material provided by another person. |
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(e) An offense under this section is a Class B misdemeanor, |
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except that the offense is: |
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(1) a Class A misdemeanor if it is shown on the trial |
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of the offense that the defendant has previously been convicted one |
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or two times of an offense under this section; |
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(2) a state jail felony if it is shown on the trial of |
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the offense that the defendant has previously been convicted three |
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or more times of an offense under this section; or |
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(3) a felony of the third degree if it is shown on the |
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trial of the offense that: |
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(A) the defendant was 18 years of age or older at |
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the time of the offense; and |
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(B) the depicted person was younger than 18 years |
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of age. |
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(f) At the punishment stage of a trial in which the attorney |
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representing the state seeks the increase in punishment provided by |
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Subsection (e)(3), the defendant may raise the issue as to whether |
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the defendant: |
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(1) was not more than two years older than the depicted |
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person at the time of the offense; and |
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(2) was in a dating relationship with the depicted |
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person when: |
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(A) the visual material was created; or |
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(B) the defendant obtained the visual material. |
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(g) If the defendant proves each issue described by |
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Subsection (f) in the affirmative by a preponderance of the |
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evidence, the increase in punishment provided by Subsection (e)(3) |
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does not apply. |
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(h) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. Section 21.16, Penal Code, as added by this Act, |
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applies to visual material disclosed on or after the effective date |
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of this Act, regardless of whether the visual material was created |
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or transmitted to the actor before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2015. |