BUSINESS AND COMMERCE CODE

TITLE 5. REGULATION OF BUSINESSES AND SERVICES

SUBTITLE C. BUSINESS OPERATIONS

Chapter 109, consisting of Secs. 109.001 to 109.003, was added by Acts 2013, 83rd Leg., R.S., Ch. 1013 (H.B. 2539), Sec. 1.

For another Chapter 109, consisting of Secs. 109.001 to 109.008, added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, see Sec. 109.001 et seq., post.

CHAPTER 109. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD PORNOGRAPHY



This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 1491 and S.B. 1296, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 109.001. DEFINITIONS. In this chapter:

(1) "Child pornography" means an image of a child engaging in sexual conduct or sexual performance.

(2) "Commercial mobile service provider" has the meaning assigned by Section 64.201, Utilities Code.

(3) "Computer technician" means an individual who in the course and scope of employment or business installs, repairs, or otherwise services a computer for a fee.

(4) "Information service provider" includes an Internet service provider and hosting service provider.

(5) "Sexual conduct" and "sexual performance" have the meanings assigned by Section 43.25, Penal Code.

(6) "Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1013 (H.B. 2539), Sec. 1, eff. September 1, 2013.



This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 1491 and S.B. 1296, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 109.002. REPORTING OF IMAGES OF CHILD PORNOGRAPHY. (a) A computer technician who, in the course and scope of employment or business, views an image on a computer that is or appears to be child pornography shall immediately report the discovery of the image to a local or state law enforcement agency or the Cyber Tipline at the National Center for Missing and Exploited Children. The report must include the name and address of the owner or person claiming a right to possession of the computer, if known, and as permitted by federal law.

(b) Except in a case of wilful or wanton misconduct, a computer technician may not be held liable in a civil action for reporting or failing to report the discovery of an image under Subsection (a).

(c) A telecommunications provider, commercial mobile service provider, or information service provider may not be held liable under this chapter for the failure to report child pornography that is transmitted or stored by a user of the service.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1013 (H.B. 2539), Sec. 1, eff. September 1, 2013.



This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1296, 84th Legislature, Regular Session, for amendments affecting this section.

Sec. 109.003. CRIMINAL PENALTY. (a) A person who intentionally fails to report an image in violation of this chapter commits an offense. An offense under this subsection is a Class B misdemeanor.

(b) It is a defense to prosecution under this section that the actor did not report the discovery of an image of child pornography because the child in the image appeared to be at least 18 years of age.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1013 (H.B. 2539), Sec. 1, eff. September 1, 2013.