TITLE: Relating to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material.

SUMMARY: Relating to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material.

FULL TEXT:
AN ACT relating to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 21, Penal Code, is amended by adding Section 21.19 to read as follows: Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16. (b) A person commits an offense if the person knowingly transmits by electronic means visual material that: (1) depicts: (A) any person engaging in sexual conduct or with the person's intimate parts exposed; or (B) covered genitals of a male person that are in a discernibly turgid state; and (2) is not sent at the request of or with the express consent of the recipient. (c) An offense under this section is a Class Cmisdemeanor. (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 or the other law. SECTION 2. This Act takes effect September 1, 2019.