Revenge Porn in Texas
The age of the internet has created new opportunities for people to harass or seek revenge on former intimate partners or other parties. One common way people might seek to hurt others is referred to as “revenge porn,” which involves publishing nude or sexual pictures or videos of someone online or sending them to others via messaging without the subject’s consent.
Revenge porn is cruel and violates the victim’s privacy, but can you face criminal charges if you are accused of revenge porn? The answer in Texas is “yes.” If you are accused, you need help from an experienced criminal defense lawyer as soon as possible.
Texas Law on Revenge Porn
So-called revenge porn is a relatively new concept when it comes to criminal law, and states have had to enact laws specifically addressing this type of conduct. In 2014, the State of Texas passed a law trying to criminalize revenge porn - specifically, posting intimate images of a partner without the proper consent. However, Texas courts found the law to be unconstitutional and in violation of free speech rights.
In 2019, the legislature passed a new version of the law that required a person to have the intent to harm the victim when they posted the intimate photos without permission. The intent does not have to be to get revenge, specifically, but just to harm the person.
You can be convicted of this offense if the prosecutor can prove beyond a reasonable doubt that:
- You intentionally
- Distributed or disclosed any type of visual images
- That showed another person’s intimate parts or them participating in a sexual act
- Without consent from the subject of the images
You do not have to be a former or current sexual partner of the victim for it to constitute revenge porn.
Possible Penalties for Revenge Porn
There are both possible criminal and civil penalties for acts considered to be revenge porn. The following are the criminal charges and penalties you might face:
- Class A misdemeanor charge for a first offense
- Up to one year in jail
- Up to $4,000 in fines
- Possible sex offender registry requirements
You will have a conviction on your criminal record, and that can impact your employment, living situation, and much more.
In addition, victims of revenge porn might file civil lawsuits against the perpetrator. A criminal conviction can help prove a civil claim, and the offender might be liable for significant damages to the victim for emotional distress and other losses. It is important to aggressively defend against revenge porn charges.
Contact a Fort Worth Criminal Defense Lawyer Today
Revenge porn can lead to serious criminal consequences in Texas, and too many people fail to have the defense representation they need. Do not risk unnecessarily harsh consequences or a wrongful conviction in your criminal case - instead, seek help from a Fort Worth criminal defense attorney at the law office of Kyle Whitaker. After an arrest for any type of offense, please call 817-332-7703 or contact us online to discuss your case.