Revenge Porn

In an era where technology and social media platforms are a major part of daily life, the law has had to adapt to safeguard individuals’ privacy and dignity. Texas is one of the states that has enacted specific laws against the non-consensual distribution of intimate visual material, commonly referred to as “revenge porn.” This piece cover Texas’ revenge porn law, including the penalties, potential defenses, and reasons for consulting with a sex crime lawyer if criminally charged.

Georgetown Revenge Porn Lawyers

Sex crime charges are some of the most serious charges that can be brought against an individual in Texas, and it takes a skilled defense team to handle these cases effectively. Have you been charged with revenge porn or another sex crime? Consulting an experienced lawyer should be your priority. At Price & Twine, PLLC, we provide the legal counsel you need to make informed decisions about your case. We’ll take the time to understand your situation and go over your legal options and next steps. Dial (512) 354-1880 or visit us online for a confidential consultation today.

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Key Definitions in Texas Revenge Porn Laws

Before breaking down the legal elements, it’s crucial to understand some key definitions as stated in Texas Penal Code Section 21.16:

The term “intimate parts” refers to exposed areas such as the genitals, pubic area, anus, buttocks, or female nipples. “Sexual conduct” is a broad term that encompasses acts such as sexual contact, intercourse, and other forms of sexual activity.

“Visual material” is any medium that displays the image, be it film, photograph, or digital media that can be displayed on a computer or other video screens. The act of “promoting” involves a wide range of activities including selling, distributing, publishing, and even advertising intimate visual material.

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What Constitutes An Unlawful Disclosure Charge?

Section 21.16(b) outlines four elements that must be present for an individual to be charged with the illegal disclosure of intimate visible material:

Fist, the visual material must be disclosed without the consent of the person depicted. Second, the person disclosing the visual material must have the intent to cause harm to the individual depicted in the material.

Third, at the time of the disclosure, there must be reasonable grounds to believe that the person depicted expected the material to remain private. Finally, the material disclosed must reveal the identity of the depicted person, either directly or indirectly.

Additional Types of Unlawful Disclosure Charges

The law also addresses other related activities. Under Section 21.16(c), making a threat to disclose intimate visual material for the purpose of obtaining some form of benefit is also an offense. And under Section 21.16(d), knowing the nature of the visual material and promoting it on an internet website owned or operated by the individual is a crime.

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What Is the Penalty For Breaking This Law?

A violation of Texas Penal Code Section 21.16 is categorized as a state jail felony. State jail felonies are punishable by 6 months to 2 years in prison, as well as a fine as high as $10,000.

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Defense And Exceptions

If the material was disclosed in the course of legal proceedings or law enforcement, it may not be considered an offense. Also, the law offers some exceptions for internet service providers who are not directly responsible for the creation or initial distribution of the material.

According to Texas law, a defense exists if the promotion or disclosure of intimate visual material is made during common and lawful practices of medical treatment or law enforcement.

The law also provides an affirmative defense if the promotion or disclosure is done in the course of reporting illegal activity.

Another defense applies when the visual material depicts only a person’s voluntary exposure of their intimate parts or them engaging in sexual conduct in a public or commercial setting.

The law offers some protection for internet service providers. If the defendant is an interactive computer service, and the material was supplied by another person, the service provider may have a defense.

It’s worth noting that it’s not a valid defense to a prosecution that the person depicted consent, created the visual material, or otherwise transmitted it voluntarily to the individual charged with the offense.

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Frequently Asked Questions

What Is Considered “Intimate Visual Material”?

Intimate visual material refers to any film, photograph, or other physical medium that displays a person’s intimate parts, such as the genitals, pubic area, anus, buttocks, or female nipples. This also includes any sexual conduct.

Is The “Intent to Harm” Always Required for It To Be A Crime?

No. Although one of the elements required to charge someone under this law is the “intent to harm” the person depicted, criminal negligence is also punishable under “revenge porn” laws.

What Does “Effective Consent” Mean?

Effective consent refers to the voluntary agreement by a person to the specific act in question. In the context of this law, it means that the depicted individual must have voluntarily agreed to the distribution or promotion of the intimate visual material.

Is It an Offense to Threaten to Disclose Intimate Visual Material?

Yes, threatening to disclose intimate visual material to obtain some benefit is also an offense under this law.

What If the Person Depicted Initially Consented to Creating the Material?

It is not a valid defense that the person depicted consented to or created the material, or that they voluntarily transmitted it to the individual charged with the offense.

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Additional Resources

Texas State Law Library

Covers Texas laws regarding sexting and revenge porn.
Visit the Texas State Law Library

Texas Office of the Attorney General

Provides information on criminal offenses, including computer crimes.
Visit Texas OAG

Texas Legislature Online

Texas Penal Code on sex crimes.
Visit Texas Legislature Online

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Hire a Revenge Porn Defense Attorney in Georgetown

Charged with revenge porn? Our criminal defense lawyers at Price & Twine, PLLC can analyze your case and provide guidance and direction. Dealing with these charges can be overwhelming, but you don’t have to do it alone. Call (512) 354-1880 or connect with us online to set up a consultation regarding your case.

For more information on sex crimes, click here.

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