Should Unsolicited D*** Pics Be Illegal?

What’s the story?

• Snap a d*** pic and send it to your new Tinder match? That’s a Class-C misdemeanor, BigHoustonRocket69.
• A new Texas law makes it illegal to send unsolicited explicit photos via social media, dating apps, text messaging (yes, iMessage too), and email.
• Violators can be hit with a maximum fine of $500.
• A 2018 study by the dating app Bumble found that one in three women have received unsolicited lewd photos from strangers online, with 96% reporting they were not happy about it.

 What constitutes an explicit photo?

HB 2789 states that an offense is committed if the person deliberately sends unsolicited visual material that depicts the following:

• Any person engaging in sexual conduct or with the person’s intimate parts exposed.
• Covered genitals of a male person that are in a distinctly turgid state.

What are people saying?

Supporters

• Rep. Morgan Meyer, (R-Dallas), who authored the legislation, said he wanted to prevent a form of sexual harassment that previously went unchecked.

“Quite frankly, the thought of someone doing that to one of my children scared me. There had to be some sort of deterrent to stop this from happening—and now there is," Meyer said.

• “Lately, it feels like men and women are being told that this increasingly common problem is really no big deal,” said Whitney Wolfe Herd, CEO of Bumble. “Women in particular are expected to laugh this sort of thing off, but there’s nothing funny about it.”
• “If indecent exposure is a crime on the streets, then why is it not on your phone or your computer?” Herd told Houston Public Media. “We want the standards of acceptable behavior online to match those in real life.”

Critics

• J.T. Morris, an Austin-based attorney told the Texas Tribune that difficulties may arise if an accused sender claims he/she did not send the lewd message. Morris said that emailing a doctor an image for medical purposes or posting a breastfeeding photo could be considered criminal acts under the law.

“This bill looks to be significantly overbroad because it looks to criminalize the sending of information that could have legitimate purposes. This has some real First Amendment concerns.”

• “There’s no legitimate constitutional way to forbid this speech, even though it’s something that people shouldn’t engage in,” said Mark Bennett, a criminal defense lawyer in Houston whose practice partly focuses on sexual-related crimes. “I don’t think it’s going to survive a constitutional challenge.”

What do you think?

Do you support making unsolicited nude pics illegal? Or does it put too much restraint on First Amendment rights? Why or why not? Contact your representatives then share your opinion below.

—Veronica You