Again, I'm not a legal professional, none of this should be taken as legal advise, etc etc, you know the drill.
Texas H.B. No. 1181 amends the Texas civil codes by adding an extra chapter
"CHAPTER 129B. LIABILITY FOR ALLOWING MINORS TO ACCESS PORNOGRAPHIC MATERIAL"
Right off the bat, this is a CIVIL code, meaning no criminal charges, you can only be fined for it. BUT it also means you don't get the protections afforded by the criminal code: not trial by jury, much lower burden of proof on them, etc.
The first section of the new chapter is, as usual, definitions of the terms used in this law.
Terms defined are:
Commercial entity
Distribute
Minor
News-gathering organization
Publish
Sexual material harmful to minors
Transactional data
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Commercial entity is fairly broadly defined -- there's a long list of business types but it also says 'other legally recognized business entity'.
As a general rule figure they mean anyone making money in some fashion.
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Distribute is also broadly defined as "issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means."
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Minor is the standard '18 and under'
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'News-gathering organization' only applies to employees of a news source acting 'within course and scope of that employment' and they need to be able to document that employment.
Note that I don't think this would cover folks with a hobby blog or youtube channel or whatever.
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Publish basically means putting stuff on a publicly available internet site.
It'll be interesting to see how this one is used, because there is no definition or mention of private internet sites. Our first sign of a possible loophole.
#USpol#AntiPorn #law