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 C misdemeanor.

(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.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 2789 was passed by the House on April

25, 2019, by the following vote: Yeas 122, Nays 12, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2789 was passed by the Senate on May

21, 2019, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________