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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the criminal |
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offense of invasive visual recording and the applicability of sex |
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offender registration requirements to that offense; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 62.001(5), Code of Criminal Procedure, |
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is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or disabled individual), 21.09 |
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(Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive |
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visual recording), 22.011 (Sexual assault), 22.021 (Aggravated |
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sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.04 (Aggravated |
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promotion of prostitution), 43.05 (Compelling prostitution), 43.25 |
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(Sexual performance by a child), or 43.26 (Possession or promotion |
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of child pornography), Penal Code; |
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(B-1) a violation of Section 43.021 |
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(Solicitation of Prostitution), Penal Code, if the offense is |
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punishable as a felony of the second degree; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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(G), (J), (K), or (L), but not if the violation results in a |
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deferred adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code; |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code; or |
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(L) a violation of Section 20A.03 (Continuous |
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trafficking of persons), Penal Code, if the offense is based partly |
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or wholly on conduct that constitutes an offense under Section |
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20A.02(a)(3), (4), (7), or (8) of that code. |
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SECTION 2. Section 21.15(a), Penal Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Sexual conduct" has the meaning assigned by |
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Section 21.16. |
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SECTION 3. Section 21.15, Penal Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(b) A person commits an offense if, without the other |
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person's consent and with intent to invade the privacy of the other |
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person, the person: |
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(1) photographs or by videotape or other electronic |
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means records, broadcasts, or transmits a visual image of: |
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(A) another person engaged in sexual conduct in a |
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location that is not a public place; or |
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(B) an intimate area of another person if the |
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other person has a reasonable expectation that the intimate area is |
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not subject to public view; |
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(2) photographs or by videotape or other electronic |
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means records, broadcasts, or transmits a visual image of another |
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in a bathroom or changing room; or |
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(3) knowing the character and content of the |
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photograph, recording, broadcast, or transmission, promotes a |
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photograph, recording, broadcast, or transmission described by |
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Subdivision (1) or (2). |
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(c) An offense under Subsection (b)(1) or (2) [this section] |
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is a state jail felony with a minimum term of confinement of one |
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year, except that the offense is a felony of the third degree if it |
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is shown on the trial of the offense that the actor has been |
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previously convicted of an offense described by Article 62.001(5), |
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Code of Criminal Procedure. |
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(c-1) An offense under Subsection (b)(3) is a felony of the |
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third degree. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2025. |