Bill Text: TX HB101 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 101 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of the offense of unlawful disclosure of certain visual material.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-03-11 - Left pending in committee [HB101 Detail]

Download: Texas-2015-HB101-Introduced.html

	84R206 JRR-D

	By: Guillen	H.B. No. 101



	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of unlawful disclosure of
	certain visual material.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 21, Penal Code, is amended by adding
	Section 21.16 to read as follows:
	Sec. 21.16. UNLAWFUL DISCLOSURE OF CERTAIN VISUAL MATERIAL.
	(a) In this section:
	(1) "Sexual conduct" has the meaning assigned by
	Section 43.25.
	(2) "Visual material" has the meaning assigned by
	Section 43.26.
	(b) A person commits an offense if the person:
	(1) intentionally displays, distributes, publishes,
	advertises, offers, or otherwise discloses visual material
	depicting another person engaged in sexual conduct; and
	(2) knows or should have known that the depicted
	person has not consented to the disclosure.
	(c) It is a defense to prosecution under this section that:
	(1) the disclosure is made in the course of:
	(A) lawful and common practices of law
	enforcement or medical treatment;
	(B) reporting unlawful activity; or
	(C) a legal proceeding, if the disclosure was
	permitted or required by law;
	(2) the disclosure consists of visual material
	depicting only a voluntary exposure of sexual conduct in a public or
	commercial setting; or
	(3) the actor is an interactive computer service, as
	defined by 47 U.S.C. Section 230, or a provider of an information
	service, as defined by 47 U.S.C. Section 153, and the disclosure
	consisted of visual material provided by another person.
	(d) An offense under this section is a state jail felony.
	SECTION 2. This Act takes effect September 1, 2015.