Bill Text: TX HB1877 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 1877 (Prior Session Legislation)

Introduced

Bill Title: Relating to civil and criminal liability for the disclosure of certain visual material on the Internet; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-11 - Referred to Criminal Jurisprudence [HB1877 Detail]

Download: Texas-2015-HB1877-Introduced.html

	84R10272 JRR-D

	By: Springer	H.B. No. 1877



	A BILL TO BE ENTITLED
	AN ACT
	relating to civil and criminal liability for the disclosure of
	certain visual material on the Internet; creating a criminal
	offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 4, Civil Practice and Remedies Code, is
	amended by adding Chapter 98B to read as follows:
	CHAPTER 98B. LIABILITY FOR DISCLOSURE OF CERTAIN VISUAL MATERIAL ON
	INTERNET
	Sec. 98B.001. DEFINITIONS. In this chapter:
	(1) "Intimate parts" means the naked genitals, pubic
	area, anus, buttocks, or female nipple of a person.
	(2) "Intimate visual material" means visual material
	that depicts a person:
	(A) with the person's intimate parts exposed; or
	(B) engaged in sexual conduct.
	(3) "Sexual conduct" has the meaning assigned by
	Section 43.25, Penal Code.
	(4) "Visual material" has the meaning assigned by
	Section 43.26, Penal Code.
	Sec. 98B.002. LIABILITY FOR DISCLOSURE OF CERTAIN INTIMATE
	VISUAL MATERIAL ON INTERNET. A defendant is liable, as provided by
	this chapter, to a person depicted in intimate visual material for
	damages arising from the placement of the material on the Internet
	if the defendant intentionally engaged in conduct that violates
	Section 21.16, Penal Code, with respect to the material.
	Sec. 98B.003. DAMAGES. A claimant who prevails in a suit
	under this chapter is entitled to recover:
	(1) actual damages;
	(2) court costs; and
	(3) reasonable attorney's fees.
	Sec. 98B.004. INJUNCTIVE RELIEF. A court in which a suit is
	brought under this chapter, on the motion of a party, may issue a
	temporary restraining order or a temporary or permanent injunction
	to restrain and prevent the placement of intimate visual material
	on the Internet with respect to the person depicted in the material.
	Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of
	action created by this chapter is cumulative of any other remedy
	provided by common law or statute.
	Sec. 98B.006. LIBERAL CONSTRUCTION AND APPLICATION;
	CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally
	construed and applied to promote its underlying purpose to protect
	persons from, and provide adequate remedies to victims of, unlawful
	placement of intimate visual material on the Internet.
	(b) This chapter does not apply to a claim brought against
	an interactive computer service, as defined by 47 U.S.C. Section
	230, for conduct that consists only of a disclosure of intimate
	visual material provided by another person.
	SECTION 2. Chapter 21, Penal Code, is amended by adding
	Section 21.16 to read as follows:
	Sec. 21.16. UNLAWFUL DISCLOSURE OF CERTAIN VISUAL MATERIAL
	ON INTERNET. (a) In this section:
	(1) "Intimate parts" means the naked genitals, pubic
	area, anus, buttocks, or female nipple of a person.
	(2) "Sexual conduct" has the meaning assigned by
	Section 43.25.
	(3) "Visual material" has the meaning assigned by
	Section 43.26.
	(b) A person commits an offense if:
	(1) the person intentionally causes emotional
	distress to another person by intentionally placing on the Internet
	visual material depicting the other person:
	(A) with the other person's intimate parts
	exposed; or
	(B) engaged in sexual conduct;
	(2) the person knows that the depicted person did not
	consent to the placement of the visual material on the Internet;
	(3) 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; and
	(4) the placement of the visual material on the
	Internet, including any accompanying or subsequent information or
	material related to the visual material, reveals the identity of
	the depicted person in any manner, including by:
	(A) the content of the visual material;
	(B) information or material accompanying the
	visual material; or
	(C) information or material provided by a third
	party in response to the person's placement of the visual material
	on the Internet.
	(c) It is a defense to prosecution under this section that:
	(1) the visual material placed on the Internet depicts
	only a voluntary exposure of intimate parts or sexual conduct in a
	public or commercial setting; or
	(2) the actor is an interactive computer service, as
	defined by 47 U.S.C. Section 230, and the conduct consisted only of
	a disclosure of visual material provided by another person.
	(d) An offense under this section is a felony of the third
	degree.
	SECTION 3. (a) Chapter 98B, Civil Practice and Remedies
	Code, as added 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 in effect immediately before that date, and that
	law is continued in effect for that purpose.
	(b) Section 21.16, Penal Code, as added by this Act, applies
	to visual material placed on the Internet on or after the effective
	date of this Act, regardless of whether the visual material was
	obtained by the actor or created before, on, or after that date.
	SECTION 4. This Act takes effect September 1, 2015.