Texas Penal Code Section 21.16: Texas Revenge Porn
The particular phrase ‘revenge porn’ is not utilized in the state of Texas. Texas law, instead, defines revenge porn as the unlawful disclosure or promotion of intimate visual material.
This offense occurs under the following conditions:
- Someone shares explicit images or videos of someone without effective consent, with the intention of causing harm.
- When the images are shared, the person knows or has a reason to think that these pictures were taken or made in situations where the depicted person expected them to stay private.
- The revealing of the visual material inflicts harm on the depicted person and discloses their identity.
Classifying Student Revenge Porn Consequences in Texas
Revenge porn is a Class C misdemeanor for first-time offenders and underage individuals, punishable by:
- a fine of up to $500.
Repeat offenders face a Class A misdemeanor, which carries a penalty of:
- up to one year in jail,
- a fine of up to $4,000,
Revenge porn becomes a state jail felony when an adult, even as young as 18, shares intimate images of a minor. This offense is punishable by:
- 180 days to 2 years in jail,
- a fine of up to $10,000,
Responsabilidad civil
Revenge porn is not just a crime; it can also lead to financial consequences if someone takes legal action. In simple terms, if someone accuses you of sharing intimate images without consent, they can sue you for money, aside from the criminal charges you might face.
In Texas, you could be responsible for:
- Paying $1,000 in damages for each intentional violation
- Paying $500 in damages for each violation that is not intentional
- Covering mental anguish damages
- Paying court costs and the reasonable fees of the plaintiff’s lawyer
Given the serious outcomes of revenge porn cases, it’s crucial to understand the charges against you and take the necessary steps to protect your rights.
Possible Legal Defenses for Revenge Porn Accusations
Defending against revenge porn accusations can be done in various ways, including:
- Mistaken Identity: If you didn’t actually publish or promote the images, claiming mistaken identity can be a defense.
- Consent: If the person in the images agreed to them being published, that can be a defense.
- Non-Intimate Content: If the images don’t show private body parts or sexual actions, it can be a defense.
- Lack of Harm: If publishing the images didn’t harm the person depicted, it can be a defense.
- No Identifying Information: If the images don’t reveal the identity of the person, that can be a defense.
Some arguments aren’t defenses as per the statute, like when the person in the images agreed to their creation or willingly shared the materials. For information on other defenses against revenge porn charges, contact Texas Criminal Defense Group today.
Consulte con Texas Criminal Defense Group Hoy
We are a team of highly skilled and experienced Student Revenge Porn Defense lawyers at your disposal. Our goal is always to get your case dismissed, and we use our large docket and experience to your advantage in that regard.
En Texas Criminal Defense Group, el costo del juicio siempre está incluido en nuestros honorarios en caso de que sea una ruta ventajosa para su caso, y nuestra dedicación a la búsqueda de la Justicia se muestra en más de 500 comentarios de 5 estrellas de nuestros cientos de clientes satisfechos.
With offices conveniently located throughout Texas, our law firm ensures accessibility for students facing revenge porn charges across the state.
Póngase en contacto con nosotros hoy mismo para iniciar su consulta gratuita.