Texas Revenge Porn Laws: Your Legal Options, Explained

If you’re a victim of revenge porn in Texas, you may feel overwhelmed, violated and unsure where to turn. We understand how devastating this experience can be and are here to help you understand your rights under Texas law. In this article, we’ll break down Texas’s revenge porn statute, explore your legal options and share measures you can take to protect yourself.

What Qualifies as Revenge Porn Under Texas Law?

Revenge porn, also known as the unlawful disclosure or promotion of intimate visual material, is the sharing of private, sexually explicit images or videos of someone without their consent. Under Texas Penal Code 21.16, this includes any visual material depicting a person with their intimate parts exposed or engaged in sexual conduct.

The law applies to images or videos obtained under circumstances where the depicted person reasonably believed that the content would remain privaten Even if a person consensually shared intimate images with someone,such as in a private text message, a person’s consent to disclose those images to other people is required under Texas law. Sharing such images publicly online or with third parties without your consent is illegal.

Examples of revenge porn include:

• An ex-partner posting nude photos of their former partner on social media out of anger over a breakup
• Someone sharing a privately-shared explicit video of an ex on a pornographic website without permission
• Threatening to send intimate images to a victim’s friends, family or employer unless they pay money
• Secretly recording and sharing videos of sexual encounters without the other person’s knowledge

Breaking Down the Elements of Texas’s Revenge Porn Law

To prove a violation of Texas’s revenge porn statute, Penal Code Section 21.16, the following elements must be met:

• A person intentionally discloses visual material depicting another person with their intimate body parts exposed or engaged in sexual conduct
• A person intended to cause another person harm by disclosing the content
• The visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation the material would remain private
• The disclosure of the visual material causes harm to the depicted person
• The disclosure of the visual material reveals the identity of the depicted person in any manner

Texas law also makes it a crime to intentionally threaten to disclose intimate visual content to obtain a benefit (e.g., money, more pictures, personal information) in return for not sharing the images with others. Promoting such material on a website with the knowledge so that it is revenge porn is also a crime in Texas.

Texas now criminalizes deep fake pornography created without another person’s consent as a Class A misdemeanor.

What are the Criminal Penalties for Revenge Porn in Texas?

Under Texas’s revenge porn law, the unlawful disclosure or promotion of intimate visual material is a state jail felony. This is a criminal offense that carries potential penalties of:

• 180 days to 2 years in state jail
• A fine of up to $10,000

It’s important to note that some online articles incorrectly state that revenge porn is a misdemeanor in Texas. However, the statute clearly classifies it as a state jail felony, which is more a serious offense than a misdemeanor offense.

Can Victims of Revenge Porn in Texas Sue?

In addition to criminal penalties, Texas’s revenge porn statute allows victims to bring a civil lawsuit against the person who unlawfully disclosed their intimate pictures and/or videos. In a civil case, a victim can seek the following remedies:

• Injunctive relief: The Court can order a person to stop sharing the initiate content and/or to delete the material
• Statutory damages: If a person violates a court order prohibiting them from disseminating or promoting the intimate content, the court may award up to $1,000 for each wilful or intentional disclosure. Even if the disclosure or promotion of the content was not wilful or intentional, the court can still award up to $500 for each disclosure that violated an injunction.
• Actual damages: The victim can recover monetary compensation for any financial losses or emotional distress caused by the disclosure.

In a civil lawsuit, the burden of proof is lower than in a criminal case. The victim must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the other person violated the law by sharing their private images without their consent. This can make it easier for victims to hold perpetrators accountable and obtain relief, even if a criminal conviction is not achieved or a victim does not want to pursue criminal charges.

Can a Defendant Claim a Victim Initially Consented to Sharing Intimate Material?

One common misconception about revenge porn is that if a victim initially consented to sharing an intimate image with another person, such as sexting with a romantic partner, the person who re-shared the content is not liable for later disclosing that image to others. However, Texas’s revenge porn statute clearly states that a victim’s initial consent to create or share intimate material is not a defense to the crime. So regardless of how the other person obtained the intimate material, (re-)sharing it without the victim’s consent is illegal (assuming that the other legal requirements of the offense are met).

This provision is crucial to protecting victims’ privacy rights and holding abusers accountable. It ensures that a defendant cannot engage in victim-blaming to exploit and humiliate the victim by spreading their intimate material without consent.

I’m a Victim of Revenge Porn in Texas. What Should I Do?

If you discover that someone has shared your intimate images or videos without your consent, it’s essential to take immediate action to protect your rights and well-being.

The decision to press criminal charges and/or sue a person who shared your intimate images without your consent is personal. Many victims do not want to involve the police or courts because of shame, embarrassment, and trauma. You know your situation best and should consider the pros and cons of any legal action. Even if you do not want to take legal action, there are still ways you can remove the intimate content from the Internet. The following sections go over the key steps to take.

Document All Evidence

Take screenshots of any websites or messages where your intimate material is posted. Save copies of any communications with the perpetrator. Preserve evidence of how the material is impacting your life (e.g., any harassing messages commenting on the posts, struggles with mental health and/or trauma, lost job opportunities)

However, if you or any other person is under the age of 18 in the content, do NOT preserve the actual photos as this might be construed as possession of child pornography, which is also a crime. Instead, you should preserve a record of where the media is posted (e.g., links to the websites).

Report it to the Police

If you wish to pursue criminal charges, contact your local law enforcement and file a report. Provide them with all the evidence you’ve documented. Unfortunately, law enforcement does not always understand the serious harm caused by image-based sexual abuse and revenge porn. You may have to push for the case to be investigated and charges filed.. If necessary, remind the officers that revenge porn is not just a “civil matter” in Texas. It is also a criminal offense.

Notify the Websites

If your material is posted on websites, notify the site administrators and request that it be taken down immediately. Many sites have policies against nonconsensual porn and may remove the content if notified.

Send DMCA Takedown Notices

If you took the intimate photos or videos yourself, you likely own the copyright. You can send takedown notices under the Digital Millennium Copyright Act to websites and search engines, demanding they remove the content. An experienced attorney can help with this process.

Consult With an Attorney Specializing in Revenge Porn Cases

Look for an attorney with expertise in handling cyber sexual abuse, revenge porn and nonconsensual image distribution cases. They can advise you on your full range of legal options, both criminal and civil. A lawyer can communicate with law enforcement and websites on your behalf, and help you file a civil lawsuit if appropriate. Don’t be afraid to shop around to find a legal team you feel understands your situation and will fight for you.

Seek Support

You may experience trauma as a result of having your intimate images shared without your consent.Reach out to supportive friends and family. Consider contacting a counselor or mental health professional to help you cope with any emotional impact you may be experiencing. Look for victim advocacy organizations that provide resources and support groups for survivors.

Remember, you did nothing to deserve this abuse. While our society often tries to shame and silence victims,you are worthy and deserving of having your rights, reputations and well-being protected.

When Did Texas Pass Its Revenge Porn Law and Why?

Texas’ criminal revenge porn law went into effect on September 1, 2015. The law was passed in response to the growing trend of people exploiting intimate images to harass, control, and humiliate others. Advances in technology and the rise of social media have made it all too easy for anyone with access to the Internet to widely disseminate private, intimate material at the click of a button. Legislators recognized the severe harm these violations cause to victims’ mental health, relationships, and professional lives.

By making revenge porn a serious felony offense and allowing for civil remedies, Texas Statute aims to deter this type of abuse and give victims tools to seek recourse.

Since the law’s enactment, Texas has seen numerous successful prosecutions of revenge porn. The statute’s constitutionality was upheld by the Texas Court of Criminal Appeals in 2021, solidifying it as a crucial tool to protect intimate privacy in the digital age.

What Defenses Might Someone Accused of Revenge Porn Raise?

If you are a victim of revenge porn pursuing criminal charges or civil claims, it’s important to be aware of potential defenses that may be raised. Here are a few common ones:

• Consent: The defendant may claim that you consented to the disclosure of the intimate images. However, Texas law is clear that your initial consent to create or share the material with that person is not a defense to nonconsensual disclosure to others.
• Lack of knowledge or intent: The law requires that the perpetrator intentionally disclosed the material and knew or should have known it was intended to remain private. A defendant might argue they did not actually know the character of the material or your expectation of privacy But this is likely a difficult argument to make given that most people would reasonably expect their intimate photos to be kept private
• No harm: A defendant may claim the disclosure did not actually cause you harm. Texas’s law requires proof of harm to the depicted person for criminal liability. However, harm can include emotional distress, reputation damage, harassment, lost opportunities, and other damage.
• Not the one who disclosed: In some cases, a defendant might argue they were not the one who actually shared the material. They may claim someone else accessed their files or posted the content without their involvement. Digital forensic evidence and witness testimony can help refute these defenses.
• Violation of rights: A defendant may try to challenge the revenge porn law itself as unconstitutional, arguing it violates their First Amendment rights. However, Texas’s law has been upheld against such constitutional challenges.

The prosecutor is responsible for enforcing Texas’ revenge porn laws against the defendant. It is important for you to make your goals clear to the prosecutor and work with them to ensure that the defendant is held accountable for violating your right to privacy.

Holding Revenge Porn Perpetrators Accountable Under Texas Law through a Civil Lawsuit

Dealing with the aftermath of revenge porn can feel overwhelming, but it’s crucial to remember that you have legal rights and protections as a victim under Texas law. By criminalizing the nonconsensual disclosure of intimate material as a criminal offense and providing civil remedies, Texas has taken a forceful stance against this destructive form of abuse.

If you are a victim, you do not have to suffer in silence. You can take action by reporting the violation to law enforcement, documenting evidence, demanding the removal of your material from websites, and consulting with an experienced attorney to explore your full range of legal options. Both criminal charges and civil lawsuits can provide a measure of justice and help you reclaim your privacy and dignity.

At Minc Law, we have extensive experience advocating for victims of online abuse, including revenge porn. We understand the pain and betrayal you are feeling, and we are here to provide compassionate counsel and aggressive representation. We can guide you through the process of getting your material removed from websites, work with law enforcement to pursue criminal charges and file civil claims on your behalf to hold the person who violated your rights accountable.

You do not have to navigate this difficult situation alone. We are committed to using every tool Texas law provides to obtain justice for revenge porn survivors and deter future online abuse. If you are a victim, we invite you to contact us for a confidential consultation to discuss your situation and how we can help. Together, we can work to protect your rights and well-being under Texas’s robust legal protections against nonconsensual pornography.