Revenge Porn in Texas
Sometimes, when a relationship ends badly, a partner may seek revenge on the person who broke up with them. If you have posted an intimate or sexual image of your partner without their consent, you could be facing criminal charges. Texas has several statutes that outlaw invasive visual recordings, the production of sexually explicit material, and the distribution of this material. However, most revenge porn cases are charged under the “unlawful disclosure or promotion of intimate visual material” statute.
At the Law Office of Kyle Whitaker, our Fort Worth criminal defense attorney is prepared to advocate aggressively on your behalf. With over 20 years of experience as both a prosecutor and defense lawyer, Attorney Kyle Whitaker knows what strategies work best. If you are looking for someone with experience, tenacity, and knowledge, look no further.
What is Revenge Porn?
With the advancement of technology, revenge porn is becoming a more glaring issue. Revenge porn is the sharing or promotion of sexually explicit material without the subject’s consent. This must be done with the intent to harm them. This may not necessarily be revenge, but rather to harm the individual. The subject must also have had a reasonable expectation of privacy when creating these photos or videos.
What Must the Prosecution Prove to Convict You?
Most revenge porn offenses are charged under Texas Penal Code § 21.16. To be found guilty, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You intentionally
- Without the victim’s consent
- Disclosed images of the victim’s intimate parts or engaging in a sexual act
- The victim had a reasonable expectation of privacy and believed the images would remain private
- The disclosure of the images caused the victim harm
- The disclosure of the images reveals the victim’s identity
This requires the State to provide evidence that you intentionally committed the act, that the victim had a reasonable expectation of privacy, and that this was done without the victim’s consent. Although this is a high burden for the State to meet, the government has ample resources to conduct a thorough investigation. Even if you believe the charges are bogus, you need our experienced Fort Worth criminal defense attorney in your corner.
Penalties for Revenge Porn
A revenge porn conviction could result in any of the following criminal penalties:
- Up to two years of imprisonment
- Up to $10,000 in fines
- Potentially having to register on the sex offender registry
Even if you are facing criminal charges, the victim can also sue for damages in civil court. This may involve damages for emotional distress, loss of reputation, and humiliation. Any financial liability you have to pay the victim will be on top of the court fees and restitution you are ordered to pay in criminal court. After your sentence is served, you will face collateral consequences, which can prevent you from accessing housing, finding a suitable job, or seeing your kids.
Defenses to Revenge Porn
If you are accused of revenge porn, the following defenses may be available to you:
- The victim consented to the sharing of visual materials
- The image does not clearly show the victim’s face or otherwise identify the victim
- The visual materials were shared by accident. (Texas law requires that an act of revenge porn be committed intentionally, so mistakenly sharing images would prevent you from being charged.)
Reach Out to Our Fort Worth Criminal Defense Lawyer Today
Facing allegations of revenge porn can result in time behind bars and a permanent criminal record. At the Law Office of Kyle Whitaker, our founding attorney is adamant in helping you achieve the best possible outcome. If you have been arrested for revenge porn, don’t plead until you seek the advice of our Fort Worth criminal defense lawyer. To arrange your confidential consultation, our office can be reached online or by phone.