| |
| |
| |
|
|
AN ACT
|
|
|
relating to the creation of the offense of online harassment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 33, Penal Code, is amended by adding |
|
|
Section 33.07 to read as follows: |
|
|
Sec. 33.07. ONLINE HARASSMENT. (a) A person commits an |
|
|
offense if the person uses the name or persona of another person to |
|
|
create a web page on or to post one or more messages on a commercial |
|
|
social networking site: |
|
|
(1) without obtaining the other person's consent; and |
|
|
(2) with the intent to harm, defraud, intimidate, or |
|
|
threaten any person. |
|
|
(b) A person commits an offense if the person sends an |
|
|
electronic mail, instant message, text message, or similar |
|
|
communication that references a name, domain address, phone number, |
|
|
or other item of identifying information belonging to any person: |
|
|
(1) without obtaining the other person's consent; |
|
|
(2) with the intent to cause a recipient of the |
|
|
communication to reasonably believe that the other person |
|
|
authorized or transmitted the communication; and |
|
|
(3) with the intent to harm or defraud any person. |
|
|
(c) An offense under Subsection (a) is a felony of the third |
|
|
degree. An offense under Subsection (b) is a Class A misdemeanor, |
|
|
except that the offense is a felony of the third degree if the actor |
|
|
commits the offense with the intent to solicit a response by |
|
|
emergency personnel. |
|
|
(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. |
|
|
(e) It is a defense to prosecution under this section that |
|
|
the actor is any of the following entities or that the actor's |
|
|
conduct consisted solely of action taken as an employee of any of |
|
|
the following entities: |
|
|
(1) a commercial social networking site; |
|
|
(2) an Internet service provider; |
|
|
(3) an interactive computer service, as defined by 47 |
|
|
U.S.C. Section 230; |
|
|
(4) a telecommunications provider, as defined by |
|
|
Section 51.002, Utilities Code; or |
|
|
(5) a video service provider or cable service |
|
|
provider, as defined by Section 66.002, Utilities Code. |
|
|
(f) In this section: |
|
|
(1) "Commercial social networking site" means any |
|
|
business, organization, or other similar entity operating a website |
|
|
that permits persons to become registered users for the purpose of |
|
|
establishing personal relationships with other users through |
|
|
direct or real-time communication with other users or the creation |
|
|
of web pages or profiles available to the public or to other users. |
|
|
The term does not include an electronic mail program or a message |
|
|
board program. |
|
|
(2) "Identifying information" has the meaning |
|
|
assigned by Section 32.51. |
|
|
SECTION 2. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2003 was passed by the House on May |
|
|
13, 2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
|
|
voting; that the House refused to concur in Senate amendments to |
|
|
H.B. No. 2003 on May 29, 2009, and requested the appointment of a |
|
|
conference committee to consider the differences between the two |
|
|
houses; and that the House adopted the conference committee report |
|
|
on H.B. No. 2003 on May 31, 2009, by the following vote: Yeas 146, |
|
|
Nays 0, 1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2003 was passed by the Senate, with |
|
|
amendments, on May 23, 2009, by the following vote: Yeas 31, Nays |
|
|
0; at the request of the House, the Senate appointed a conference |
|
|
committee to consider the differences between the two houses; and |
|
|
that the Senate adopted the conference committee report on H.B. No. |
|
|
2003 on June 1, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |