Texas Ban on “Transmitting” Nude Photos Without Request or Consent: Does It Apply Just to Posting Them Online?
Texas Penal Code § 21.19(b) (“Unlawful electronic transmission of sexually explicit visual material”) makes it a crime to
knowingly transmit[] 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.
“Intimate parts” is defined to mean “the naked genitals, pubic area, anus, buttocks, or female nipple of a person.” “Sexual conduct” is defined to mean “sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.” And “visual material” is defined to mean, in relevant part,
(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any m
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