Bill Text: TX HB4533 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to civil and criminal liability for the unlawful disclosure of intimate visual material.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-29 - Referred to Criminal Jurisprudence [HB4533 Detail]

Download: Texas-2021-HB4533-Introduced.html
 
 
  By: Dominguez H.B. No. 4533
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil and criminal liability for the unlawful
  disclosure of intimate visual material.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 98B.002(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  A defendant is liable, as provided by this chapter, to a
  person depicted in intimate visual material for damages arising
  from the disclosure of the material if:
               (1)  the defendant [discloses] disseminates the
  intimate visual material without the effective consent of the
  depicted person and with the intent to harm that person;
               (2)  it is rebuttal presumption that a person has
  disseminated intimate visual material without effective consent if
  the depicted person, within 48 hours of the discovery of the
  dissemination, contacts law enforcement to complain of the
  dissemination;
               (3)  at the time of the disclosure, the defendant knows
  or has reason to believe that the intimate visual material was
  obtained by the defendant or created under circumstances in which
  the depicted person had a reasonable expectation that the material
  would remain private;
               (4)  the disclosure of the intimate visual material
  causes harm to the depicted person; and
               (5)  the disclosure of the intimate visual material
  reveals the identity of the depicted person in any manner,
  including through:
                     (A)  any accompanying or subsequent information
  or material related to the intimate visual material; or
                     (B)  information or material provided by a third
  party in response to the disclosure of the intimate visual
  material.
         SECTION 2.  Section 21.16(b), Penal Code, is amended to read
  as follows:
         (b)  A person commits an offense if:
               (1)  without the effective consent of the depicted
  person and with the intent to harm that person, the person discloses
  visual material depicting another person with the person's intimate
  parts exposed or engaged in sexual conduct;
               (2)  intentionally or knowingly disseminates visual
  material depicting another person with the person's intimate parts
  exposed or engaged in sexual conduct;
               (3)  at the time of the disclosure, the person knows or
  has reason to believe that 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;
               (4)  the disclosure of the visual material causes harm
  to the depicted person; and
               (5)  the disclosure of the visual material reveals the
  identity of the depicted person in any manner, including through:
                     (A)  any accompanying or subsequent information
  or material related to the visual material; or
                     (B)  information or material provided by a third
  party in response to the disclosure of the visual material; or
                     (C)  It is a defense to prosecution that the
  defendant had obtained the effective consent to disseminate the
  intimate visual material of the depicted person.
         SECTION 3.  (a)  Section 98B.002, Civil Practice and
  Remedies Code, as amended 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 applicable to the cause of action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         (b)  Section 21.16, Penal Code, as amended 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 subsection, an offense was committed
  before the effective date of this Act if any element of the offense
  was committed before that date.
         SECTION 4.  This Act takes effect September 1, 2021.
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