SB2789 - 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.

  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.