Revenge Porn (AKA Unlawful Disclosure Intimate Visual Material)

Have You Been Accused or Charged with Revenge Porn?

If you or a loved one has been accused or charged with revenge porn, it is important to understand why and how a person may be charged with this sex offense in Texas.

With easy access to computer technology and smartphones among teens as well as adults, states across the country have created new laws to regulate sexually explicit content online. In recent years, many states have passed so-called “Revenge Porn” laws as a sex crime that a person can commit using an electronic device and for which a person may be charged for as a serious misdemeanor or felony offense, depending on the state.

Since revenge porn law is new and complex, it is vital to contact a skilled sex crime lawyer who BOTH knows the law and has experience fighting sex offense cases, with a record of achieving successful outcomes. The sooner you retain a team of defense lawyers, the easier it will be to understand the charges you face and the possible strategies available to you in your case.

What is Revenge Porn in Texas?

In Texas, revenge porn law, otherwise known as the prohibited disclosure of intimate visual material, first became effective in 2015. Texas Penal Code § 21.16 describes this sex offense as a crime committed by a person who shares “intimate visual material” depicting another person – who DID NOT CONSENT to the disclosure of the photo, video, or other visual images. The statute further defines intimate visual material to mean “intimate parts,” including naked genitals, pubic area, buttocks, or female nipple of the non-consenting person visually depicted.

Typically, “revenge porn” is used by a person who intends harm, not necessarily get revenge, a former partner after a consensual relationship has ended. So, seemingly harmless sexual images or videos created and shared by two consenting parties during a relationship, then become weaponized and used in a public setting.

Under revenge porn law, a person commits an offense if they disclose (make secret images public) sexually explicit images of a person, and the disclosure:

  • intends harm to the depicted person without their consent;
  • depicts visual material that was created or obtained when the depicted person had a reasonable expectation of privacy;
  • causes harm to the depicted person; and,
  • reveals the identity of the depicted person.

Regardless of whether the intimate material was intentionally disclosed, and pursuant to the criminal code, posting revenge porn is a state jail felony.

Based on current law, it is possible for a person to be charged for revenge porn as well as another sex crime, often not even realizing they did anything illegal.

How serious is an accusation or charge of “revenge porn”?

Revenge porn is classified as a State Jail Felony, which means, if convicted, a person faces a sentence of no less than 180 days but no more than 2 years of state jail time, a fine up to $10,000, or both. Even if not convicted, a person accused or charged with illegally distributing sexually explicit images may face lifelong consequences.

While accusations or charges of revenge porn are serious enough, it is important to understand that this sex offense may be prosecuted under § 21.16 of the Texas Penal Code,an offense under a different law, or both.

For example, a person whose conduct constituted the disclosure of sexually explicit images, and the depicted person is a minor, that person may also be prosecuted for another sex offense, including:

  • Possession of Child Porn
  • Promotion of Child Porn
  • Sexual Harassment

Therefore, while you may be facing accusations of revenge porn, if the prosecutor believes there is evidence of conduct that is illegal under multiple statutes, they can file multiple charges against you.

Many of the other charges, such as one for child pornography, are serious felony offenses with more extreme penalties. Taking a picture of a minor (even a selfie), possession of that picture, even having seen that picture – all these actions have led to child pornography convictions by the courts.

A defendant in a revenge porn case may also face a civil lawsuit, which the victim is entitled to file and recover financial damages. If the lawsuit is successful, you may be liable and required to pay heavy fines to cover court costs, attorney fees, and other damages, for the victim’s relief.

How Can a Sex Crime Lawyer Help?

An aggressive and thorough defense strategy can decrease the negative impacts of a revenge porn charge. It’s important to retain an attorney with specialized expertise in your specific type of criminal case. At Barbieri Law Firm, our North Texas lawyers are highly experienced when it comes to defending clients against sex-related charges.

Led by two Certified Criminal Law Specialists, including widely known sex crime expert and founding Attorney, Heather Barbieri, our team of dedicated defense lawyers have fought relentlessly for people facing everything from child porn to sexual assault. Our compassionate, yet equally tenacious lawyers will help you navigate through the complex legal system, keeping you informed and protected at every turn.

With have a proven track record of achieving successful outcomes for clients, we guarantee that your case will be treated with the same obsession

We care about you and want to help you face this difficult situation…Share your story freely and learn how we can help you right away.

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