Texas Revenge Porn Law: Unlawful Disclosure or Promotion of Intimate Visual Material

Understanding Revenge Porn

Revenge porn, also known as non-consensual intimate visual material, refers to the distribution of intimate images or videos of individuals without their consent, often with the intent to cause distress or harm. This malicious act typically involves ex-partners sharing private, sexually explicit material to embarrass or retaliate against the victim.

Texas Law on Revenge Porn

Texas takes the issue of revenge porn seriously. In 2015, Texas enacted a law making the unauthorized distribution of intimate images a criminal offense. The law is codified under Texas Penal Code § 21.16, titled “Unlawful Disclosure or Promotion of Intimate Visual Material.”

Key Provisions of the Law

Intent: The perpetrator must have the intent to harm, harass, intimidate, threaten, or coerce the victim.
Lack of Consent: The depicted individual must not have consented to the distribution of the intimate images.
Expectation of Privacy: The intimate material must be of a person who had a reasonable expectation of privacy regarding the images.
Identification: The visual material must identify the person or contain information that allows the person to be identified.
Harm: The victim must suffer harm as a result of the disclosure of intimate visual material.

Range of Potential Punishment for Revenge Porn in Texas

Under Section 21.16 of the Texas Penal Code, Unlawful Distribution of Intimate Visual Material is a State Jail Felony, which means the range of punishment is from 6 months to 2 years in a State Jail facility and a fine up to $10,000 or both.

Conclusion

Revenge porn is a serious crime in Texas, carrying significant criminal consequences. The state’s laws are designed to protect individuals from this form of abuse and to provide avenues for justice. If you or someone you know has been accused of publishing intimate visual materials, you should seek counsel from a trusted criminal defense attorney in your local area right away. BHW offers free consultations for all criminal cases. Contact us by calling (817) 994-9249.