When a person, usually a former sexual partner, shares explicit images without their permission or consent in an effort to embarrass, humiliate or distress another person, that person could be in trouble in the state of Texas. The individual sharing those images has committed an act of revenge porn, and Texas takes that seriously.
In 2015, Texas determined that revenge porn laws were necessary to protect its citizens from being victimized by revenge porn. The internet is deep and wide, though, so passing laws within a state does not put a fence around how far revenge porn can reach. There are groups advocating for federal laws to protect revenge porn victims.
Texans who participate in Unlawful Disclosure or Promotion of Intimate Visual Material can be charged criminally and civilly. According to Texas laws, revenge porn can put the perpetrator in serious jeopardy of losing their freedom and money.
Revenge porn is non-consensual, and it intends to harass or humiliate its victim. To put a stop to this heinous behavior, Texas implemented steep penalties. These consequences, as laid out in § 12.3, are listed below:
Jail time jeopardizes careers, family life, relationships, and financial interests. Taking six months away from generating income to make house and car payments is not typically something most people are prepared to do. Pair that with legal fees, court costs, and significant fines, and this should clearly deter people considering revenge porn as an option from pressing that share button.
If a person is victimized by revenge porn, they have options. According to Chapter 98B of the Civil Practice and Remedies Code, there are steep consequences for the wrongdoer. The victim is owed compensation for the following:
The law makes it illegal for minors to have or promote sexual images of other minors. Though, there are some exceptions made for married minors or those who are dating and are close in age. Whether revenge is the intent, violating § 43.261 is considered a Class C misdemeanor.
If the images are promoted with the intention of distressing, abusing, tormenting, frightening or vexing, or humiliating another person will be considered a Class B misdemeanor. Parents and guardians should understand the gravity of such an offense. Simply being a misdemeanor does not mean it will not follow the minor in your care and negatively impact their future for years to come.
If you or your minor child is accused of revenge porn, contact the Law Office of David A. Breston, Criminal Defense Attorney for a consultation. We will review your case and advise you about the next steps you should take. Revenge porn is a serious matter that can have a detrimental impact on your future. Therefore, legal representation matters.