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 had a reasonable expectation of privacy, or if the material was created, adapted, or modified in certain ways. 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 regarding the criminal offense of disclosing visual material depicting another person’s intimate parts without consent. Similar to the civil provisions, it establishes criteria for liability, including the requirement that the disclosure causes harm and reveals the identity of the depicted person. The amendments ensure that both civil and criminal liabilities apply only to actions occurring after the effective date of the Act, which is set for September 1, 2025.

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