Sec. 423.004. OFFENSE: POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE OF IMAGE. (a) A person commits an offense if the person:
(1) captures an image in violation of Section 423.003; and
(2) possesses, discloses, displays, distributes, or otherwise uses that image.
(b) An offense under this section for the possession of an image is a Class C misdemeanor. An offense under this section for the disclosure, display, distribution, or other use of an image is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of Section 423.003.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1390 (H.B. 912), Sec. 2, eff. September 1, 2013.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 423 - Use of Unmanned Aircraft
Section 423.002. Nonapplicability
Section 423.003. Offense: Illegal Use of Unmanned Aircraft to Capture Image
Section 423.004. Offense: Possession, Disclosure, Display, Distribution, or Use of Image
Section 423.0046. Offense: Operation of Unmanned Aircraft Over Sports Venue
Section 423.005. Illegally or Incidentally Captured Images Not Subject to Disclosure
Section 423.007. Rules for Use by Law Enforcement
Section 423.008. Reporting by Law Enforcement Agency
Section 423.009. Regulation of Unmanned Aircraft by Political Subdivision