Bill Text: TX HB3196 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the prosecution of the offense of improper photography or visual recording; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB3196 Detail]
Download: Texas-2015-HB3196-Comm_Sub.html
84R15653 JRR-F | |||
By: Miller of Comal, Thompson of Harris, | H.B. No. 3196 | ||
Herrero, Moody, Anderson of Dallas | |||
Substitute the following for H.B. No. 3196: | |||
By: Herrero | C.S.H.B. No. 3196 |
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relating to the prosecution of the offense of improper photography | ||
or visual recording; increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.15, Penal Code, is amended to read as | ||
follows: | ||
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. | ||
(a) In this section: | ||
(1) "Changing room" means a room or partitioned area | ||
provided or primarily used for the changing of clothing, including | ||
a dressing room, locker room, or swimwear changing area. | ||
(2) "Promote" [ |
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by Section 43.21. | ||
(3) "Sexual conduct" has the meaning assigned by | ||
Section 43.25. | ||
(4) "Sexual or other intimate parts" means the human | ||
genitals, pubic area, anus, buttocks, or any portion of the female | ||
breast below the top of the areola, regardless of whether those | ||
parts are naked or covered by undergarments or other clothing. | ||
(b) A person commits an offense if the person: | ||
(1) knowingly photographs or by videotape or other | ||
electronic means knowingly records, broadcasts, or transmits a | ||
visual image of the sexual or other intimate parts of another person | ||
or a visual image of another person engaged in sexual conduct [ |
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(A) without the other person's consent; and | ||
(B) when a reasonable person would believe that | ||
the person's sexual or other intimate parts or the person's sexual | ||
conduct would not be visible to the public [ |
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(2) [ |
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photograph, recording, broadcast, or transmission, promotes a | ||
photograph, recording, broadcast, or transmission described by | ||
Subdivision (1) [ |
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(b-1) In a prosecution for an offense under this section, | ||
there is a rebuttable presumption that the actor's conduct is | ||
without the consent of the other person if it is shown on the trial | ||
of the offense that: | ||
(1) the actor compelled the other person to submit or | ||
participate by: | ||
(A) the use of physical force or violence; or | ||
(B) threatening to use force or violence against | ||
the other person or another person, and the other person believed | ||
that the actor had the ability to execute the threat; | ||
(2) the other person did not consent and the actor | ||
knew: | ||
(A) the other person was unconscious or | ||
physically unable to resist; or | ||
(B) the other person was unaware that the conduct | ||
was occurring; | ||
(3) the actor knew that as a result of mental disease | ||
or defect the other person was at the time of the offense incapable | ||
either of appraising the nature of the act or of resisting it; | ||
(4) the actor intentionally impaired the other | ||
person's power to appraise or control the other person's conduct by | ||
administering any substance without the other person's knowledge; | ||
(5) the actor was a public servant who coerced the | ||
other person to submit or participate; | ||
(6) the offense was accomplished by: | ||
(A) conduct that was hidden or conducted secretly | ||
or an attempt of such conduct; | ||
(B) conduct that used equipment such as a | ||
telephoto lens that allowed a visual image of another person's | ||
sexual or other intimate parts or another person's sexual conduct | ||
to be made, when such conduct would not ordinarily be visible to the | ||
public; or | ||
(C) deception, including misrepresenting how the | ||
photograph, recording, broadcast, or transmission would be used or | ||
disseminated; or | ||
(7) the victim of the offense was younger than 18 years | ||
of age at the time of the offense. | ||
(c) An offense under this section is a state jail felony, | ||
except that the offense is a felony of the third degree if it is | ||
shown on the trial of the offense that the victim was younger than | ||
18 years of age at the time of the offense. | ||
(d) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, [ |
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(e) In the application of this section to conduct in a | ||
bathroom or changing room [ |
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sign or signs posted indicating that the person is being | ||
photographed or that a visual image of the person is being recorded, | ||
broadcast, or transmitted is not sufficient to establish the | ||
person's consent or to negate the person's reasonable expectation | ||
that the person's sexual or other intimate parts or the person's | ||
sexual conduct would not be visible to the public [ |
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SECTION 2. The change in law made 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 section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2015. |