Houston Revenge Porn Lawyers

Revenge porn has become an all-too-common violation of individuals’ privacy. There are websites dedicated to revenge porn, and many people have found their reputations ruined because personal photos and videos end up on these pages. Texas lawmakers, in step with numerous other states, decided to do something about it. In 2015, Texas lawmakers made revenge porn illegal. If you are suspected of posting sexually explicit images of another person online without their consent, then you may be charged with a criminal offense.

You may get caught up in the mix as law enforcement officers and prosecutors strive to identify and punish people posting revenge porn. You may be falsely accused of a crime you did not commit. If you have been accused of or charged with posting revenge porn in Texas, it is important that you contact an experienced Houston sex crimes lawyer from The Law Offices of Ned Barnett.

Contact The Law Offices of Ned Barnett online or call (713) 222-6767 to schedule a free consultation with a revenge porn attorney.

Texas Revenge Porn Laws

Texas Penal Code Section 21.16 prohibits the unlawful disclosure or promotion of intimate visual materials.

Section 21.16(b) states that you commit a crime if:

• Without the depicted person’s consent, you intentionally disclose visual material depicting that person with their intimate part’s exposed or engaged in sexual conduct
• You obtained the visual material, or it was created under circumstances in which the depicted person had a reasonable expectation that the visual material would stay private
• The disclosure of the visual material harms the depicted person
• The disclosure of the visual material reveals the identity of the depicted person

Under Section 21.16(c), it is illegal to threaten to publish the intimate image without consent in order to obtain a benefit.

Also, it is illegal to, knowing the character and content of the visual material, promote the visual material on an internet website or other forum you own.

There are a number of definitions that are important to this law and may matter to your case. Intimate parts include a person’s naked genitals, public area, anus, buttocks, or female nipples. A picture that is revealing, yet does not include any of these physical body parts, may not constitute revenge porn. Sexual conduct encompasses any actual or simulated sexual intercourse, oral sex, anal sex, masturbation, sadomasochistic abuse, and sexual contact.

What Counts as Revenge Porn?

Adults are free to create sexually explicit materials themselves or with one another for their own personal use. Unfortunately, once someone sends a photo or video, the other person’s device either automatically saves it or the person can deliberately save it. If another person takes the photo or video, their phone or camera has the original copy. Even phone applications that intentionally delete an image or video in a certain period of time can be circumvented with a screenshot.

Revenge porn is when one or more of these sexually explicit or revealing photos or videos are posted by someone without the consent of the individual(s) in the images, and with the intention of causing the depicted person(s) embarrassment, humiliation, and distress.

Examples of revenge porn:

• A woman took a number of boudoir photographs for her fiancé. When she later called off the wedding, he scanned the photographs and posted them to his Facebook page and tagged her in the photos.
• A man sexted his boyfriend a nude photo of himself. After an argument, the boyfriend posted the nude photo to multiple social media platforms along with the man’s name.
• A man secretly made a video of himself having sex with his spouse. When the man found his wife cheated on him, he posted the video to a pornography website with her first name and profession.
• A teenage girl sent revealing pictures to a teenage boy she had a crush on. The teenage boy sent the photo to a number of his friends that also new the girl.

Statutory Penalties of a Revenge Porn Conviction

You may be charged with a state jail felony for revenge porn. Originally, revenge porn was a class A misdemeanor. However, lawmakers heightened the classification of the crime in 2017, meaning you now face a potential harsher punishment.

If convicted of a state jail felony, you face 180 days to two years in jail, and fines reaching $10,000.

Collateral Consequences of a Revenge Porn Conviction in Texaws

A felony conviction comes with a number of additional consequences, including challenges in obtaining a higher education, difficulty obtaining or ineligibility for certain professional licenses, and trouble obtaining or keeping a job. A felony can stand in the way of being approved for loans, renting an apartment, maintaining child custody or visitation, and immigration visas, permanent residency, or citizenship. You also cannot possess or own firearms as a convicted felon.

Defending Against Revenge Porn Charges in Houston

There are many ways to defend against accusations of publishing or promoting revenge porn, such as:

• Mistake of identity/you did not publish or promote the images.
• The depicted person consented to publication of the images.
• The visual materials do not depict intimate parts or sexual conduct.
• The publication of the images did not include identifying information of the depicted person.
• The publication of the images did not cause the depicted person harm.

There are certain arguments that are not defenses. The statute specifically states that it is not a defense that the depicted person consented to the creation of the image or video or that the depicted person voluntarily gave or transmitted to you the materials. If you’re wondering what other defenses against revenge porn charges may be, contact attorney Ned Barnett today.

FAQs about Revenge Porn Charges in Texas

Do these charges apply only to people who shared the images online?

The law applies to any form of sharing without consent, whether through social media, text messages, email, or other forms of distribution. As long as the images are shared non-consensually with the intent to harm, charges may apply.

Could I be required to register as a sex offender if convicted?

Generally, unlawful disclosure charges do not automatically lead to sex offender registration. However, depending on the circumstances, particularly if minors are involved, the court may impose additional conditions, so it’s important to consult with an attorney.

What if the person consented to the photos initially?

If the individual depicted gave prior consent to the sharing of the material or knowingly exposed themselves in a public or commercial setting, it may be an affirmative defense. However, consent to take the images does not mean consent to share them with others.

Charged with Posting Revenge Porn in Houston? Call the Law Offices of Ned Barnett

If you have been accused of posting revenge porn, forwarding or reposting it online, or threatening to post it online, then you need to call an experienced and aggressive attorney today. These accusations need to be handled quickly. A revenge porn lawyer may help you avoid criminal charges altogether. If you have already been charged, then attorney Ned Barnett will seek to have the charges dropped by the prosecutor or dismissed by the judge. When neither of these avenues are successful, attorney Barnett will build you a thorough and aggressive defense to utilize in court.

To learn more about revenge porn charges, contact The Law Offices of Ned Barnett online, or call (713) 222-6767 to schedule a free and confidential case consultation.