| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of the offense of online harassment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 33, Penal Code, is amended by adding |
|
|
Section 33.07 to read as follows: |
|
|
Sec. 33.07. ONLINE HARASSMENT. (a) A person commits an |
|
|
offense if the person uses the name or persona of another person to |
|
|
create a web page on or to post one or more messages on a commercial |
|
|
social networking site: |
|
|
(1) without obtaining the other person's consent; and |
|
|
(2) with the intent to harm, defraud, intimidate, or |
|
|
threaten any person. |
|
|
(b) A person commits an offense if the person sends an |
|
|
electronic mail, instant message, text message, or similar |
|
|
communication that references a name, domain address, phone number, |
|
|
or other item of identifying information belonging to any person: |
|
|
(1) without obtaining the other person's consent; |
|
|
(2) with the intent to cause a recipient of the |
|
|
communication to reasonably believe that the other person |
|
|
authorized or transmitted the communication; and |
|
|
(3) with the intent to harm or defraud any person. |
|
|
(c) An offense under Subsection (a) is a felony of the third |
|
|
degree. An offense under Subsection (b) is a Class A misdemeanor, |
|
|
except that the offense is a felony of the third degree if the actor |
|
|
commits the offense with the intent to solicit a response by |
|
|
emergency personnel. |
|
|
(d) If conduct that constitutes an offense under this |
|
|
section also constitutes an offense under any other law, the actor |
|
|
may be prosecuted under this section, the other law, or both. |
|
|
(e) It is a defense to prosecution under this section that |
|
|
the actor's conduct consisted solely of action taken as an employee |
|
|
of: |
|
|
(1) a commercial social networking site; |
|
|
(2) an Internet service provider; |
|
|
(3) an interactive computer service, as defined by 47 |
|
|
U.S.C. Section 230; |
|
|
(4) a telecommunications provider, as defined by |
|
|
Section 51.002, Utilities Code; or |
|
|
(5) a video service provider or cable service |
|
|
provider, as defined by Section 66.002, Utilities Code. |
|
|
(f) In this section: |
|
|
(1) "Commercial social networking site" means any |
|
|
business, organization, or other similar entity operating a website |
|
|
that permits persons to become registered users for the purpose of |
|
|
establishing personal relationships with other users through |
|
|
direct or real-time communication with other users or the creation |
|
|
of web pages or profiles available to the public or to other users. |
|
|
The term does not include an electronic mail program or a message |
|
|
board program. |
|
|
(2) "Identifying information" has the meaning |
|
|
assigned by Section 32.51. |
|
|
SECTION 2. This Act takes effect September 1, 2009. |