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AN ACT
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relating to the creation of the criminal offense of unlawful |
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electronic transmission of sexually explicit 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 21.19 to read as follows: |
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Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY |
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EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," |
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"sexual conduct," and "visual material" have the meanings assigned |
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by Section 21.16. |
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(b) A person commits an offense if the person knowingly |
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transmits by electronic means visual material that: |
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(1) depicts: |
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(A) any person engaging in sexual conduct or with |
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the person's intimate parts exposed; or |
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(B) covered genitals of a male person that are in |
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a discernibly turgid state; and |
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(2) is not sent at the request of or with the express |
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consent of the recipient. |
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(c) An offense under this section is a Class C misdemeanor. |
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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 or the other law. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2789 was passed by the House on April |
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25, 2019, by the following vote: Yeas 122, Nays 12, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2789 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |