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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 unlawful |
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disclosure of intimate visual material. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 98B.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 98B.002. LIABILITY FOR UNLAWFUL DISCLOSURE OR |
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PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL. (a) A defendant is |
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liable, as provided by this chapter, to a person depicted in |
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intimate visual material for damages arising from the disclosure of |
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the material if: |
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(1) the defendant discloses the intimate visual |
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material without the effective consent of the depicted person and |
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with the intent to harass, annoy, alarm, abuse, torment, or |
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embarrass that person; |
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(2) the defendant knows or has reason to believe that |
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the intimate visual material was obtained by the defendant or |
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created under circumstances in which the depicted person had a |
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reasonable expectation that the material would remain private; |
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(3) the disclosure of the intimate visual material |
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causes harm to the depicted person; and |
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(4) the disclosure of the intimate visual material |
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reveals the identity of the depicted person in any manner, |
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including through: |
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(A) any accompanying or subsequent information |
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or material related to the intimate visual material; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the intimate visual |
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material. |
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(b) A defendant is liable, as provided by this chapter, to a |
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person depicted in intimate visual material for damages arising |
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from the promotion of the material if, knowing the character and |
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content of the material and with the intent to harass, annoy, alarm, |
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abuse, torment, or embarrass the depicted person, the defendant |
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promotes intimate visual material described by Subsection (a) on an |
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Internet website or other forum for publication that is owned or |
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operated by the defendant. |
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SECTION 2. Sections 21.16(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if: |
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(1) without the effective consent of the depicted |
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person and with the intent to harass, annoy, alarm, abuse, torment, |
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or embarrass that person, the person [intentionally] discloses |
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visual material depicting another person with the person's intimate |
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parts exposed or engaged in sexual conduct; |
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(2) the person knows or has reason to believe that the |
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visual material was obtained by the person or created under |
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circumstances in which the depicted person had a reasonable |
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expectation that the visual material would remain private; |
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(3) the disclosure of the visual material causes harm |
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to the depicted person; and |
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(4) the disclosure of the visual material reveals the |
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identity of the depicted person in any manner, including through: |
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(A) any accompanying or subsequent information |
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or material related to the visual material; or |
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(B) information or material provided by a third |
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party in response to the disclosure of the visual material. |
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(d) A person commits an offense if, knowing the character |
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and content of the visual material and with the intent to harass, |
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annoy, alarm, abuse, torment, or embarrass the depicted person, the |
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person promotes visual material described by Subsection (b) on an |
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Internet website or other forum for publication that is owned or |
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operated by the person. |
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SECTION 3. (a) Section 98B.002, Civil Practice and |
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Remedies Code, as amended by this Act, applies only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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(b) Section 21.16, Penal Code, as amended by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |