Texas Revenge Porn Laws in 2023. Revenge porn, also known as nonconsensual pornography, is the act of sharing intimate images or videos of someone without their consent. It is a despicable and harmful form of online abuse that can cause immense damage to a person’s reputation, career, and personal life. In Texas, lawmakers have recognized the severity of this issue and have enacted laws to protect victims of revenge porn.
The Basic Law
Under Texas law, revenge porn is a criminal offense that can result in serious legal consequences for perpetrators. Texas Penal Code section 21.16 defines the crime as the intentional disclosure of intimate visual material with the intent to cause harm the person depicted. This can include the disclosure of images or videos of a person engaged in sexual activity, nudity, or other intimate acts that were taken or shared without their consent.
The law applies when the victim had a reasonable expectation that the material would remain private. The law also requires that the visual material identify the victim. The perpetrator does not have to be the person to identify the victim. If a third party publicly identifies the victim, then the original poster would still be accountable.
Threats to Post Revenge Porn Also Prohibited
In addition to actually posting revenge porn, Texas law also prohibits people from threatening to post intimate visual material. This is an equally scary and common scenario that many victims also face. Even the mere threat of having a former partner disclose intimate visual material can change a person’s life. This is especially true of the victim is in a profession, such as teaching, where this disclosure could negatively impact their work.
What is Not Considered Revenge Porn?
The Texas revenge porn criminal statute does not apply if the disclosure:
- Was Unintentional
- Was part of lawful and common practices of law enforcement or medical treatment
- Was made for the purpose of reporting illegal activity
- Was made during a legal proceeding, if the disclosure was permitted or required by law
The Criminal Consequences
In Texas, revenge porn is a State Jail Felony, which carries a maximum penalty of up to 2-years in a State Jail and a fine of up to $10,000. If the victim is a minor or if the offender has prior convictions for similar offenses, the penalty can be far more severe. If the perpetrator’s conduct also violates other Texas laws, then the State can also prosecute the perpetrator for those offenses.
The Civil Consequences
A victim of revenge porn can also file a civil lawsuit against the perpetrator for damages, including emotional distress and loss of income. Texas lawmakers included this provision in Senate Bill 1135 as an additional deterrent and remedy for revenge porn cases. A victim can recover civil damages whether or not the perpetrator made the disclosures intentionally or by mistake. The victim can also seek a temporary restraining order or permanent injunction to block any person from disclosing the intimate material ever again.
What Can You Do to Protect Against Revenge Porn?
If someone that you used to trust has posted or is threatening to post revenge porn to harm your reputation, you have options. The first action you should take is to consult an attorney that is experienced in both criminal and civil law. A good attorney can ensure that law enforcement knows about this matter and takes the appropriate actions to hold the perpetrator accountable. This attorney can also make sure that websites remove the images from online and never post them again. Finally, this attorney can make sure you recover financial damages that will help you navigate through this difficult period.
If you are the victim of revenge porn, you are not alone. If you need an attorney to represent you please contact Carter Criminal Defense today for a consultation.