1. Social Media and Law Changes As of September 1, 2015, the 84 th Legislative Session in Texas amended old laws and implemented new laws to accommodate the growing social media trend.

2. DISCLAIMER! THE MATERIAL IN THIS PRESENTATION TALKS ABOUT SENSITIVE ISSUES, INCLUDING SEXUAL OFFENSES. THOUGH MOST OF THE MATERIAL IS “WATERED DOWN” FROM EXPLICIT DETAILS OF THE LAW TO PREVENT OFFENDING ANYONE’S RELIGIOUS BELIEFS, OR MORAL VALUES, IT IS NECESSARY TO TALK ABOUT CERTAIN DETAILS IN ORDER TO SHOW YOU THESE CHANGES IN THE LAW.

3. RESEARCH SUGGESTS…. “Youth and social media could in fact be a dangerous combination with the advent of sexting and the threat of predators roaming social media sites posing as younger folks” (Black box social media study with several child psychologists..2012) As of today, social media has grown over 736% over the last 4 years among the youth Youth are more active on social media sites than ever before Youth are using social media for illegal activities that include harassment, cyberbullying, sexting, etc… Youth are the BIGGEST TARGETS for online predators (drug dealers, sexual predators, gangs, violent materials, etc…)

4. DO YOU KNOW WHO YOU ARE TALKING TO? Things to ask yourself…. Have you met IN PERSON everyone on your friends list? If not, you have made yourself a target. Is what I am sending, going to stay with the person I’m sending it to OR will it be shared with people I don’t know? Your friends could have people on their lists you don’t know and those “strangers” could access your “confidential” information. Is what I am sending breaking the law? Or is it appropriate to send? Just remember…contrary to what you might have heard…NOTHING ON SOCIAL MEDIA IS PRIVATE AND CAN NOT BE ACCESSED OR RETRIEVED OR TRACED BACK TO THE SENDER BY SOMEONE ELSE! EVEN IF YOU THINK YOU HAVE ERASED THE INFORMATION, THAT DOESN’T MEAN EVERYONE WHO HAD ACCESS TO IT ERASED IT AS WELL. PLUS ALL SOCIAL MEDIA COMMUNICATION IS SAVED BY THE SOCIAL MEDIA COMPANIES AND CAN BE ACCESSED WITH A WARRANT IF NECESSARY. (EVEN SNAPCHAT AND INSTAGRAM)

5. Before we begin…Definitions you need to know 1.Definition of Visual Material -- The TEXAS PENAL CODE describes visual material as… “any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative or slide; or any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method depicting a person.”

6. Continued…. 2. Definition of “sexual conduct” --The TEXAS PENAL CODE defines sexual conduct as many things that include… sexual contact, and sexual intercourse and exhibition of the female breast or exhibition of the genitals. 3. Definition of “intimate parts” -- The TEXAS PENAL CODE defines intimate parts as many things including… a person’s genitals (naked or clothed depending on the law), buttocks or female breast.

7. Continued…….. 4. Definition of “minor/child” -- The TEXAS PENAL CODE defines a minor as “a person younger than 18 years of age”. 5. Definition of “promote” –The TEXAS PENAL CODE defines “promote” as “means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise to OFFER or AGREE to do any of the above.”

8. Senate Bill 1317 INVASIVE VISUAL RECORDING §21.15 OF THE TEXAS PENAL CODE AMENDED Without consent and with intent to invade privacy Record, broadcast, or transmit by photograph/video/ELECTRONIC MEANS Visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view

9. What this means……….. If you record, broadcast, or transmit by photograph/video/ or electronic means a visual image of another in a bathroom or changing room (locker room) OR Knowing the character and content, promote material described above, you can be charged with a crime So, if you receive the information on ANY electronic device or through social media and pass it to another even if you were not the one who recorded the info, you TOO can be charged with a crime!!

10. Senate Bill 1135 UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL §21.16 OF THE TEXAS PENAL CODE –NEW LAW Discloses explicit visual material depicting a person’s “intimate parts” exposed or depicting a person engaging in sexual conduct Captured with consent at time but person reasonably expected it to be private Later disseminated publically without consent of person captured Causes harm, AND Reveals identity in any manner, including as a result of a 3 rd party

11. Continued……….. OR Threaten to disclose above explicit visual material depicting a person, Without consent, To obtain benefit in return or in connection OR Knowing character and content Promote above explicit visual material depicting person online or other publication forum which they own OR operate

12. Continued…….. NOT A DEFENSE that depicted person consented to creation of, or voluntarily sent the visual material!! SO WHAT THIS MEANS IS…… YOU CAN BE CHARGED WITH A CRIME IF YOU SEND EXPLICIT VISUAL MATERIAL DEPICTING A PERSON!! IF YOU RECEIVE AN EXPLICIT PHOTO OF SOMEONE FROM A FRIEND, HIT SEND AND SEND IT TO YOUR FRIENDS, YOU CAN BE CHARGED WITH THE SAME CRIME! EVERYONE THAT SENDS THAT MATERIAL CAN BE CHARGED…SO IF 100 PEOPLE HIT SEND, 100 PEOPLE CAN BE CHARGED.

13. HARASSMENT §42.07 of the TEXAS PENAL CODE SAYS A person commits an offense of Harassment if, with intent to harass, annoy, alarm, abuse, torment or embarrass another This includes electronic devices and communication. This communication can be signals, writing, images, sounds, data, or intelligence of ANY nature transmitted in whole or in part by ANY electronic device, including but not limited to, wire, radio, email, instant messaging, networks, faxes, pagers, loudspeakers, recorders, cameras, DVD’s, etc…

14. What this means…THINK ABOUT IT!! Have you sent ANYTHING through social media with intent to EMBARRASS someone? Have you sent ANYTHING through social media with intent to ANNOY someone? Have you sent ANYTHING through social media with intent to ALARM someone? Have you sent ANYTHING through social media with intent to HARASS someone? Have you sent ANYTHING through social media with intent to ABUSE OR TORMENT someone?

15. Continued……….. If you have, then YOU HAVE BEEN IN VIOLATION OF THE LAW AND COULD BE CHARGED!! AGAIN….Even if you were not the original party involved in the harassment, but you were sent the image, symbol, sign, writing, etc… and you sent it to someone else, YOU CAN BE CHARGED WITH A CRIME!! IGNORANCE OF THE LAW IS NOT A DEFENSE IN COURT. Just because you might not know you could be charged, doesn’t get you off the hook in the court system.

16. OTHER LAWS Other laws that include social media (electronic transmission) and have already been in place are…. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING A MINOR §43.261 of the TEXAS PENAL CODE— “A person commits an offense if the person intentionally or knowingly by electronic means 1. promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced or knows another minor produced the visual material or 2. possesses in an electronic format visual material depicting a minor engaging in sexual conduct.”

17. OTHER LAWS CONTINUED….. And §43.26 POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY– A person commits this offense if… “the person knowingly or intentionally 1. accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time of the image of the child was made who is engaging in sexual conduct.” or 2. possesses with intent to promote the visual material described.

18. WHAT COULD THIS MEAN? If you have used any electronic device to promote, transmit or possess photographs, videos, or any visual material depicting someone under the age of 18 engaging in sexual conduct, YOU CAN BE CHARGED WITH A CRIME! This crime could result in FELONY charges and require you to register as a sex offender for many years, even into adulthood!!

19. QUESTIONS?? Presentation today by Lipscomb County Juvenile Probation and Ochiltree County Juvenile Probation