Bill Caption

Relating to civil and criminal liability for the unlawful disclosure of intimate visual material.

Fiscal Notes

The Legislative Budget Board does not anticipate any significant fiscal impact to the state. 

Bill Analysis

In the 84th Session, the legislature passed a statute imposing civil and criminal liability for the disclosure of intimate  photos of a person without that person's consent. Since then, the statute has been struck down by the 12th Court of Appeals as unconstitutional. The case is currently pending before the Texas Court of Criminal Appeals.

HB 98 would add language to specify that a person commits an offense if: (1) without consent, that person intentionally disclosed intimate visual material with the intent to harm the depicted individual; and (2) at the time of disclosure, the defendant knew or had reason to believe that the material was created under circumstances in which the depicted person had a reasonable expectation that the material would remain private.

Vote Recommendation Notes

Texas Action supports HB 98 because it promotes limited government and individual liberty by adding the element of "intent to harm" and the element of knowledge that the person depicted in the content had a reasonable expectation of privacy. This language alleviates the concerns on the 12th Court of Appeals and provides fairer standards for defendants.