The bill, H.B. No. 235, aims to enhance civil and criminal liability for the unlawful disclosure or promotion of intimate visual material. It amends the Civil Practice and Remedies Code and the Penal Code to establish that a defendant can be held liable for damages if they disclose intimate visual material without the consent of the depicted person and with the intent to harm. The bill specifies that liability arises if the defendant knows or has reason to believe that the material was obtained under circumstances where the depicted person expected privacy, or if the material was created, adapted, or modified in a manner that violates the law. Additionally, it clarifies that intimate visual material includes depictions of recognizable individuals, including those generated or modified using artificial intelligence.

The bill also introduces new provisions in the Penal Code, making it an offense to disclose visual material depicting another person’s intimate parts without consent and with intent to harm. Similar to the civil provisions, it outlines the conditions under which a person can be held criminally liable, including the requirement that the material was obtained in a manner that violated the depicted person's expectation of privacy. The bill further defines the scope of visual material to include recognizable individuals and those whose images were used in creating or modifying the material. The changes will take effect on September 1, 2025, and will apply only to actions or offenses occurring after that date.

Statutes affected:
Introduced: Penal Code 21.16 (Penal Code 21)