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A BILL TO BE ENTITLED
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AN ACT
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relating to civil and criminal liability for the disclosure or |
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promotion of certain intimate visual material; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98B to read as follows: |
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CHAPTER 98B. LIABILITY FOR PROMOTION OF INTIMATE VISUAL MATERIAL |
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Sec. 98B.001. DEFINITIONS. In this chapter: |
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(1) "Intimate visual material" means visual material |
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that depicts a person engaged in sexual conduct. |
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(2) "Promote" and "sexual conduct" have the meanings |
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assigned by Section 43.25, Penal Code. |
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(3) "Visual material" has the meaning assigned by |
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Section 43.26, Penal Code. |
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Sec. 98B.002. LIABILITY FOR PROMOTION OF CERTAIN INTIMATE |
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VISUAL MATERIAL. A defendant is liable, as provided by this |
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chapter, to a person depicted in intimate visual material for |
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damages arising from promotion of the material if the defendant |
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knowingly or intentionally engaged in conduct that violates Section |
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21.16(c), Penal Code, with respect to the material. |
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Sec. 98B.003. DAMAGES. (a) A claimant who prevails in a |
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suit under this chapter shall be awarded: |
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(1) actual damages, including damages for mental |
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anguish even if an injury other than mental anguish is not shown; |
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(2) court costs; and |
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(3) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in a suit under this chapter may recover exemplary |
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damages. |
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Sec. 98B.004. INJUNCTIVE RELIEF. A court in which a suit is |
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brought under this chapter, on the motion of a party, may issue a |
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temporary restraining order or a temporary or permanent injunction |
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to restrain and prevent the promotion of intimate visual material |
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with respect to the person depicted in the material. |
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Sec. 98B.005. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute. |
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Sec. 98B.006. JOINT AND SEVERAL LIABILITY. A person who |
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engages in conduct described by Section 98B.002 and is found liable |
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under this chapter or other law for any amount of damages arising |
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from that conduct is jointly and severally liable with any other |
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defendant for the entire amount of damages arising from that |
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conduct. |
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Sec. 98B.007. LIBERAL CONSTRUCTION AND APPLICATION; |
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CERTAIN CONDUCT EXCEPTED. (a) This chapter shall be liberally |
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construed and applied to promote its underlying purpose to protect |
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persons from, and provide adequate remedies to victims of, |
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promotion of intimate visual material. |
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(b) This chapter does not apply to a claim brought against |
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an interactive computer service, as defined by 47 U.S.C. Section |
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230, for a disclosure consisting of intimate visual material |
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provided by another person. |
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SECTION 2. Chapter 21, Penal Code, is amended by adding |
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Section 21.16 to read as follows: |
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Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE |
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VISUAL MATERIAL. (a) In this section: |
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(1) "Promote" and "sexual conduct" have the meanings |
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assigned by Section 43.25. |
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(2) "Visual material" has the meaning assigned by |
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Section 43.26. |
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(b) A person commits an offense if: |
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(1) without the effective consent of the depicted |
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person, the person intentionally discloses visual material |
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depicting another person engaged in sexual conduct; |
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(2) the visual material was obtained by the person or |
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created under circumstances in which the depicted person had a |
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reasonable expectation that the visual material would remain |
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private; |
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(3) the disclosure of the visual material causes harm |
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to the depicted person; and |
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(4) the disclosure of the visual material reveals the |
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identity of the depicted person in any manner, including through: |
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(A) any accompanying or subsequent information |
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or material related to the visual material; and |
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(B) information or material provided by a third |
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party in response to the person's disclosure of the visual |
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material. |
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(c) A person commits an offense if, knowing the character |
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and content of the visual material, the person promotes visual |
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material described by Subsection (b) on an Internet website or |
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other forum for publication that is owned or operated by the person. |
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(d) It is not a defense to prosecution under this section |
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that the depicted person: |
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(1) created or consented to the creation of the visual |
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material; or |
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(2) voluntarily transmitted the visual material to the |
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actor. |
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(e) It is an affirmative defense to prosecution under this |
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section that: |
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(1) the disclosure or promotion is made in the course |
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of: |
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(A) lawful and common practices of law |
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enforcement or medical treatment; |
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(B) reporting unlawful activity; or |
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(C) a legal proceeding, if the disclosure or |
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promotion is permitted or required by law; |
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(2) the disclosure or promotion consists of visual |
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material depicting only a voluntary exposure of sexual conduct in a |
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public or commercial setting; or |
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(3) the actor is an interactive computer service, as |
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defined by 47 U.S.C. Section 230, and the disclosure or promotion |
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consists of visual material provided by another person. |
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(f) An offense under this section is a Class A misdemeanor. |
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(g) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 3. (a) Chapter 98B, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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(b) Section 21.16, Penal Code, as added by this Act, applies |
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to visual material disclosed or promoted on or after the effective |
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date of this Act, regardless of whether the visual material was |
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created or transmitted to the actor before, on, or after that date. |
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SECTION 4. This Act takes effect September 1, 2015. |