AUSTIN, Texas — Last Monday the Texas Legislature passed a bill criminalizing the “electronic transmission” of unrequested erotic material, including images of “any person engaging in sexual conduct or with the person's intimate parts exposed” or “covered genitals of a male person that are in a discernibly turgid state.”
The bill, H.B. 2789, was unanimously passed 31-0 by state senators from both parties. H.B. 2789 has reportedly been backed by the corporation behind Austin-based dating app Bumble.
It is to take effect, after the governor signs it, on September 1, 2019.
The unprecedented legislation, called “An act relating to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material,” amends chapter 21 of the Texas Penal Code, adding a new section (21.19) concerning the “unlawful transmission of sexually explicit material.”
The new sex crime created by the bill establishes that “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.”
The bill classifies the offense as “a Class C misdemeanor.”
The wording of the bill is problematic because, although it has been popularly referred to by people as “the Dick Pic Law,” it criminalizes “transmission by electronic means” in a vague, unspecific way that could open the door for the censorship of digital erotic material well beyond its supposed narrow target of unwanted photos of penises sent via DMs or text messages.
Also, the bill refers back to Texas’ peculiar (and outdated) terminology to instruct judges and prosecutors on its application.
A previous section of the chapter defines “intimate parts” as “the naked genitals, pubic area, anus, buttocks, or female nipple of a person;” “sexual conduct” as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse;” and “visual material” as “(a) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or (b) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.”
Incidentally, the same section defines the aforementioned “deviate sexual intercourse” as “(a) any contact between any part of the genitals of one person and the mouth or anus of another person; or (b) the penetration of the genitals or the anus of another person with an object.”
For the State of Texas, all instances of oral or anal sex are considered “deviate.”
In essence, the Texas legislature is attempting to regulate 21st century behavior using concepts and terminology from the Victorian era.
According to the Texas capital's newspaper of record, the Austin-American Statesman, H.B. 2789, now awaiting signature by Governor Abbott, is one of three bills passed by the legislature during this session concerning “online reforms.”
H.B. 2789 “would make it a Class C misdemeanor, punishable by a fine of up to $500, to electronically send unsolicited nude or sexual photos without the recipient’s consent.”
Another bill “would make it a crime to repeatedly post to social media in ways designed to harass, abuse or torment another person, with up to 180 days in jail and a $2,000 fine — with the punishment doubling if somebody under age 18 is pressured to commit suicide.”
According to the Statesman, “lawmakers also backed an effort to fix the state’s ‘revenge porn’ law, which has been challenged in court. HB 98 clarifies that intimate photos and videos must be posted without consent and ‘with the intent to harm’ the person depicted to be subject to the law.”
For the complete text of the "Dick Pic" bill, see the .pdf below.