bill adding invasive visual recording to sex offender registration

The text as introduced · 944 words

89R17702 JRR-D

By: Menéndez
S.B. No. 2789

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of and punishment for the criminal

offense of invasive visual recording and the applicability of sex

offender registration requirements to that offense; increasing a

criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 62.001(5), Code of Criminal Procedure,

is amended to read as follows:

(5) "Reportable conviction or adjudication" means a

conviction or adjudication, including an adjudication of

delinquent conduct or a deferred adjudication, that, regardless of

the pendency of an appeal, is a conviction for or an adjudication

for or based on:

(A) a violation of Section 21.02 (Continuous

sexual abuse of young child or disabled individual), 21.09

(Bestiality), 21.11 (Indecency with a child), 21.15 (Invasive

visual recording), 22.011 (Sexual assault), 22.021 (Aggravated

sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated

promotion of prostitution), 43.05 (Compelling prostitution), 43.25

(Sexual performance by a child), or 43.26 (Possession or promotion

of child pornography), Penal Code;

(B-1) a violation of Section 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(C) a violation of Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the actor committed the

offense or engaged in the conduct with intent to violate or abuse

the victim sexually;

(D) a violation of Section 30.02 (Burglary),

Penal Code, if the offense or conduct is punishable under

Subsection (d) of that section and the actor committed the offense

or engaged in the conduct with intent to commit a felony listed in

Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful

restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),

Penal Code, if, as applicable:

(i) the judgment in the case contains an

affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers

in the case contain an affirmative finding that the victim or

intended victim was younger than 17 years of age;

(F) the second violation of Section 21.08

(Indecent exposure), Penal Code, but not if the second violation

results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as

defined by Chapter 15, Penal Code, to commit an offense or engage in

conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);

(H) a violation of the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),

(G), (J), (K), or (L), but not if the violation results in a

deferred adjudication;

(I) the second violation of the laws of another

state, federal law, the laws of a foreign country, or the Uniform

Code of Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of the offense of indecent exposure, but not if the second violation

results in a deferred adjudication;

(J) a violation of Section 33.021 (Online

solicitation of a minor), Penal Code;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code; or

(L) a violation of Section 20A.03 (Continuous

trafficking of persons), Penal Code, if the offense is based partly

or wholly on conduct that constitutes an offense under Section

20A.02(a)(3), (4), (7), or (8) of that code.

SECTION 2. Section 21.15(a), Penal Code, is amended by

adding Subdivision (5) to read as follows:

(5) "Sexual conduct" has the meaning assigned by

Section 21.16.

SECTION 3. Section 21.15, Penal Code, is amended by

amending Subsections (b) and (c) and adding Subsection (c-1) to

read as follows:

(b) A person commits an offense if, without the other

person's consent and with intent to invade the privacy of the other

person, the person:

(1) photographs or by videotape or other electronic

means records, broadcasts, or transmits a visual image of :

(A) another person engaged in sexual conduct in a

location that is not a public place; or

(B) an intimate area of another person if the

other person has a reasonable expectation that the intimate area is

not subject to public view;

(2) photographs or by videotape or other electronic

means records, broadcasts, or transmits a visual image of another

in a bathroom or changing room; or

(3) knowing the character and content of the

photograph, recording, broadcast, or transmission, promotes a

photograph, recording, broadcast, or transmission described by

Subdivision (1) or (2).

(c) An offense under Subsection (b)(1) or (2) [ this section ]

is a state jail felony with a minimum term of confinement of one

year, except that the offense is a felony of the third degree if it

is shown on the trial of the offense that the actor has been

previously convicted of an offense described by Article 62.001(5),

Code of Criminal Procedure .

(c-1) An offense under Subsection (b)(3) is a felony of the

third degree.

SECTION 4. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense was committed before that

date.

SECTION 5. This Act takes effect September 1, 2025.