A new Texas law criminalizes sending unwanted nudes. Lawyers say it might be difficult to enforce.

The law will make the electronic transmission of unwanted sexually explicit material a class C misdemeanor. But legal experts worry it could be written too broadly under the First Amendment to be effective.


A few years ago, Dallas resident and mother Brandy Davis was reentering the online dating scene. After matching with a “seemingly nice” man, the two exchanged phone numbers. Then, one afternoon while Davis was at work, the man sent her an unrequested nude photo of himself.

“I remember thinking, ‘If this is going to come unexpected like this, it could come at a time when my son has my phone,’” Davis testified during a May Senate hearing. “I was appalled ... because nobody should be subjected to that.”

House Bill 2789, signed by Texas Gov. Greg Abbott in May, aims to put an end to experiences like Davis’. The law goes into effect Sept. 1 and makes the electronic transmission of sexually explicit material a Class C misdemeanor, with a maximum $500 fine, when the recipient hasn’t provided consent. The law will make Texas one of the first states to take a stand against sending sexually explicit images, which about 40% of women report receiving without consent.

The law won’t apply just to texts, but also to what’s sent over other platforms like email, dating apps and social media.

Read more: https://www.amarillo.com/news/20190814/new-texas-law-criminalizes-sending-unwanted-nudes-lawyers-say-it-might-be-difficult-to-enforce/2