New Law in Texas Makes it a Crime to Send Unsolicited Nude Photos

By R.J. Johnson - @rickerthewriter

September 1, 2019

texas criminalizes unwanted sex texts

Texas is taking a stand against people who like to send you nude photos you never requested.

The new law taking effect in Texas today (Sept. 1) criminalizes so-called "cyber-flashing," in which people send unwanted nude photos to a recipient, mostly women, who haven't asked for it. House Bill 2789, signed into law by Texas Gov. Greg Abbott in May, makes it a Class C misdemeanor for anyone to send an unwanted, unrequested indecent photo - whether it's sent via text, a dating app, email or any other platform.

The law makes Texas one of the first states to criminalize unwanted sexual images. Those who are found guilty of breaking the law could face a $500 fine.

"Many people – especially women – get unwanted sexually explicit pictures by text or social media," said Texas Gov. Greg Abbott. "Now, it's illegal in Texas."

According to a 2017 study from the Pew Research Center, 21% of women ages 18-29 have experienced some form of sexual harassment online. Around 53% of those women said they've received sexually explicit images they didn't ask for.

The new law was sponsored by state Rep. Morgan Meyer (D-Dallas), who worked with Bumble, an Austin-based dating app to help bring the bill forward.

"They had a number of people who were using the app complaining about the sending of these images and they quickly realized there was no recourse," Meyer said. "There was nothing that could be done. It wasn't a criminal offense - although it was definitely digital sexual harassment."

At least 46 states have laws on the books that deal with "revenge porn" and other types of stalking and harassment online, but none of those laws directly combat unsolicited sexually explicit photos. Some states have criminalized sending lewd content, but those are generally linked to the sender's intentions.

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