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You may face significant jail time and penalties for posting explicit pictures of someone without their consent. Whether you participated in these actions or you face false accusations, acts of revenge porn are illegal in Texas. Being charged and convicted of Houston sex crimes can create lasting personal, professional, and social impacts.
What is Revenge Porn?
Being charged with revenge porn in Texas may occur when you share revealing media, such as pictures or videos of someone online, without their permission. Adults may consensually share explicit material with another adult. However, it is against the law to take this material meant to be shared privately between adults and use it against them to cause damage.
Revenge Porn Laws in Texas
An individual commits an offense of unlawful disclosure or promotion of intimate visual material (Texas Penal Code Sec. §21.16 (b)) when they commit the following acts:
- Disclosing visual material of someone engaged in sexual acts or simulated sexual acts or their exposed intimate parts
- Sharing visual material, they knew or had reason to believe that was to remain private
- Disclosing the visual material in an attempt to cause harm to another
- The identity of the depicted individual is revealed
Secretly videoing an individual or threatening to use explicit material against an individual may also constitute an act of revenge porn in Texas. Because sex crimes laws in Texas contain explicit definitions of these acts, it is always recommended to discuss a charge of revenge porn with a sex crimes lawyer in Houston.
Defenses Against Revenge Porn
Your case may possess unique defenses for charges of revenge porn. Discussing your situation openly and as soon as possible with a revenge porn attorney at our Houston sexual defense law firm allows for crafting a more solid defense, potentially resulting in more positive case results, including lesser charges or a dismissal. Possible defenses include:
- The individual depicted in the visual material consented to publicizing or posting the images
- You were mistaken for the individual who published or promoted the images
- The published visual material did not cause harm
- Identifying information was not included in the published images
- Intimate parts or sexual conduct was not depicted in the visual material
Any accusations of revenge porn are consequential and should not be ignored.
Revenge Porn Conviction Penalties in Texas
Being convicted of revenge porn comes with a high price. To curb the incidents of revenge porn in Texas, lawmakers made a revenge porn conviction a state jail felony. Penalties (Texas Penal Code Sec. §12.35) include:
- 180 days up to two years in a Texas jail
- Fines up to $10,000
A Felony conviction of revenge porn may also cost you educational and professional opportunities. Additionally, a felony conviction may also impact housing opportunities, child custody and visitation in a divorce, and your immigration status, if you are legally working toward permanent residency or citizenship in the U.S.
Speak With a Houston Revenge Porn Lawyer
You may face severe penalties and fines for a conviction of revenge porn in Texas. We offer a free consultation about your charges and offer critical information on how we can assist you. Speak with a revenge porn attorney in Houston at David A. Breston Attorney at Law if you have been charged with a crime. Your legal defense and advocacy are our mission.