| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil and criminal liability for the unlawful |
|
|
disclosure of intimate visual material. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 98B.002(a), Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
(a) A defendant is liable, as provided by this chapter, to a |
|
|
person depicted in intimate visual material for damages arising |
|
|
from the disclosure of the material if: |
|
|
(1) the defendant discloses the intimate visual |
|
|
material without the effective consent of the depicted person and |
|
|
with the intent to harm that person; |
|
|
(2) at the time of the disclosure, the defendant knows |
|
|
or has reason to believe that the intimate visual material was |
|
|
obtained by the defendant or created under circumstances in which |
|
|
the depicted person had a reasonable expectation that the material |
|
|
would remain private; |
|
|
(3) the disclosure of the intimate visual material |
|
|
causes harm to the depicted person; and |
|
|
(4) the disclosure of the intimate visual material |
|
|
reveals the identity of the depicted person in any manner, |
|
|
including through: |
|
|
(A) any accompanying or subsequent information |
|
|
or material related to the intimate visual material; or |
|
|
(B) information or material provided by a third |
|
|
party in response to the disclosure of the intimate visual |
|
|
material. |
|
|
SECTION 2. Section 21.16(b), Penal Code, is amended to read |
|
|
as follows: |
|
|
(b) A person commits an offense if: |
|
|
(1) without the effective consent of the depicted |
|
|
person and with the intent to harm that person, the person |
|
|
[intentionally] discloses visual material depicting another person |
|
|
with the person's intimate parts exposed or engaged in sexual |
|
|
conduct; |
|
|
(2) at the time of the disclosure, the person knows or |
|
|
has reason to believe that the visual material was obtained by the |
|
|
person or created under circumstances in which the depicted person |
|
|
had a reasonable expectation that the visual material would remain |
|
|
private; |
|
|
(3) the disclosure of the visual material causes harm |
|
|
to the depicted person; and |
|
|
(4) the disclosure of the visual material reveals the |
|
|
identity of the depicted person in any manner, including through: |
|
|
(A) any accompanying or subsequent information |
|
|
or material related to the visual material; or |
|
|
(B) information or material provided by a third |
|
|
party in response to the disclosure of the visual material. |
|
|
SECTION 3. (a) Section 98B.002, Civil Practice and |
|
|
Remedies Code, as amended by this Act, applies only to a cause of |
|
|
action that accrues on or after the effective date of this Act. A |
|
|
cause of action that accrues before the effective date of this Act |
|
|
is governed by the law applicable to the cause of action immediately |
|
|
before the effective date of this Act, and that law is continued in |
|
|
effect for that purpose. |
|
|
(b) Section 21.16, Penal Code, as amended by this Act, |
|
|
applies only to an offense committed on or after the effective date |
|
|
of this Act. An offense committed before the effective date of this |
|
|
Act is governed by the law in effect on the date the offense was |
|
|
committed, and the former law is continued in effect for that |
|
|
purpose. For purposes of this subsection, an offense was committed |
|
|
before the effective date of this Act if any element of the offense |
|
|
was committed before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |