Texas Government Code 423.004 – Offense: Possession, Disclosure, Display, Distribution, or Use of Image
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person:
(1) captures an image in violation of § 423.003; and
(2) possesses, discloses, displays, distributes, or otherwise uses that image.
(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Government Code 423.004
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 423.003.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 423.003.