Bill Text: TX SB1135 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to civil and criminal liability for the unlawful disclosure or promotion of certain intimate visual material; creating an offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [SB1135 Detail]
Download: Texas-2015-SB1135-Introduced.html
Bill Title: Relating to civil and criminal liability for the unlawful disclosure or promotion of certain intimate visual material; creating an offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [SB1135 Detail]
Download: Texas-2015-SB1135-Introduced.html
84R8502 JRR-F | ||
By: Garcia, Huffines, Zaffirini | S.B. No. 1135 |
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relating to civil and criminal liability for the disclosure or | ||
promotion of certain intimate visual material; creating an 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 PROMOTION OF INTIMATE VISUAL MATERIAL | ||
Sec. 98B.001. DEFINITIONS. In this chapter: | ||
(1) "Intimate visual material" means visual material | ||
that depicts a person engaged in sexual conduct. | ||
(2) "Promote" and "sexual conduct" have the meanings | ||
assigned by Section 43.25, Penal Code. | ||
(3) "Visual material" has the meaning assigned by | ||
Section 43.26, Penal Code. | ||
Sec. 98B.002. LIABILITY FOR PROMOTION OF CERTAIN INTIMATE | ||
VISUAL MATERIAL. A defendant is liable, as provided by this | ||
chapter, to a person depicted in intimate visual material for | ||
damages arising from promotion of the material if the defendant | ||
knowingly or intentionally engaged in conduct that violates Section | ||
21.16(c), Penal Code, with respect to the material. | ||
Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a | ||
suit under this chapter shall be awarded: | ||
(1) actual damages, including damages for mental | ||
anguish even if an injury other than mental anguish is not shown; | ||
(2) court costs; and | ||
(3) reasonable attorney's fees. | ||
(b) In addition to an award under Subsection (a), a claimant | ||
who prevails in a suit under this chapter may recover exemplary | ||
damages. | ||
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 promotion of intimate visual material | ||
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. JOINT AND SEVERAL LIABILITY. A person who | ||
engages in conduct described by Section 98B.002 and is found liable | ||
under this chapter or other law for any amount of damages arising | ||
from that conduct is jointly and severally liable with any other | ||
defendant for the entire amount of damages arising from that | ||
conduct. | ||
Sec. 98B.007. 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, | ||
promotion of intimate visual material. | ||
(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 a disclosure consisting 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 OR PROMOTION OF INTIMATE | ||
VISUAL MATERIAL. (a) In this section: | ||
(1) "Promote" and "sexual conduct" have the meanings | ||
assigned by Section 43.25. | ||
(2) "Visual material" has the meaning assigned by | ||
Section 43.26. | ||
(b) A person commits an offense if: | ||
(1) without the effective consent of the depicted | ||
person, the person intentionally discloses visual material | ||
depicting another person engaged in sexual conduct; | ||
(2) 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; | ||
(3) the disclosure of the visual material causes harm | ||
to the depicted person; and | ||
(4) 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; and | ||
(B) information or material provided by a third | ||
party in response to the person's disclosure of the visual | ||
material. | ||
(c) A person commits an offense if, knowing the character | ||
and content of the visual material, the person promotes visual | ||
material described by Subsection (b) on an Internet website or | ||
other forum for publication that is owned or operated by the person. | ||
(d) It is not a defense to prosecution under this section | ||
that the depicted person: | ||
(1) created or consented to the creation of the visual | ||
material; or | ||
(2) voluntarily transmitted the visual material to the | ||
actor. | ||
(e) It is an affirmative defense to prosecution under this | ||
section that: | ||
(1) the disclosure or promotion 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 or | ||
promotion is permitted or required by law; | ||
(2) the disclosure or promotion 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, and the disclosure or promotion | ||
consists of visual material provided by another person. | ||
(f) An offense under this section is a Class A misdemeanor. | ||
(g) If conduct that constitutes an offense under this | ||
section also constitutes an offense under another law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
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 disclosed or promoted on or after the effective | ||
date of this Act, regardless of whether the visual material was | ||
created or transmitted to the actor before, on, or after that date. | ||
SECTION 4. This Act takes effect September 1, 2015. |