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Relating to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material.
No significant fiscal implication to the State is anticipated.
HB 2789 would make it a crime to electronically transmit sexually explicit material that is not sent at the request of or with the express consent of the recipient. Material which depicts a person engaging in sexual conduct with their intimate parts exposed and material which depicts male genitals which are in a "discernibly turgid state" would be considered sexually explicit material.
Texas Action opposes HB 2789 because it violates the principle of limited government and individual liberty. This law would make it a crime for visual material to be sent that shows the covered male genitals in a "discernably turgid state." This is a gross example of overcriminalization. To restate this, the bill makes it a crime for men to send visual material in which they are clothed, something that could easily be seen in day to day life in the public sphere is now a punishable offense. By the logic of this bill the next step could easily be any man who is clothed but in a "discernably turgid state" in public would now be a criminal.