Bill Text: TX HB3196 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: Miller of Comal | H.B. No. 3196 |
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relating to the prosecution of the offense of improper photography | ||
or visual recording. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 21.15(a) and (b), Penal Code, are | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Promote" has the meaning assigned by Section | ||
43.21. | ||
(2) "Sexual or other intimate parts," means the human | ||
genitals, anus, buttocks, pubic area or any portion of the female | ||
breast below |
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whether naked or covered by clothing or undergarments. | ||
(3) A person commits an offense if the person | ||
intentionally or knowingly photographs, videos, or by other | ||
electronic means records, broadcasts, or transmits a visual image | ||
of the sexual or other intimate parts of another person or another | ||
person engaged sexual conduct, without that person's effective | ||
consent and when a reasonable person would believe that the | ||
person's sexual or other intimate parts or sexual conduct would not | ||
be visible to the public. | ||
(a) An act described above is presumed to be without | ||
effective consent as defined by Section 22.011(b)(1), (2), (3), | ||
(4), (5), (6), (7), and (8) or if it is accomplished by: | ||
1. Conduct which is hidden or conducted secretly, or | ||
an attempt thereof; | ||
2. Conduct which Uses equipment such as telephoto lens | ||
which allows the recording of the sexual or other intimate parts or | ||
another person's sexual conduct when such would not ordinarily be | ||
visible to the public; | ||
3. Deception, including but not limited to | ||
misrepresenting how the photograph, video, or electronic record | ||
will be used or disseminated; or | ||
(b) Conduct directed towards a child as defined by Section | ||
43.251(a)(1). | ||
(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 commission 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, the other law, or both. | ||
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. | ||
SECTION 3. This Act takes effect September 1, 2015. |