In today’s digital world, a relationship’s most intimate moments are often captured in photos and videos. When a relationship ends badly, those private files can become weapons. Sharing, or even threatening to share, sexually explicit images without consent is not just a personal betrayal—it is a serious state jail felony in Texas known as “Unlawful Disclosure or Promotion of Intimate Visual Material,” commonly called revenge porn.
The emotional hurt is profound, but the legal consequences are severe and permanent. What might feel like an act of anger or humiliation in the moment can lead to a felony conviction, prison time, and a permanent criminal record that will haunt your career, your relationships, and your reputation for life.
If you are under investigation or have been accused of this offense, you must understand that the state views this as a predatory, harmful crime. You are not just dealing with an angry ex-partner; you are facing the full force of the Texas criminal justice system. Your defense must begin immediately.
Texas Penal Code 21.16 specifically criminalizes the non-consensual sharing of intimate images.
What Exactly is Illegal Under Texas Revenge Porn Law?
The law, under Texas Penal Code Section 21.16, makes it a crime to intentionally disclose intimate visual material of another person without their consent, with the intent to harm that person.
The key elements the state must prove are:
- You disclosed (sent, posted, distributed) or threatened to disclose the material.
- The material is intimate and visual (a photo or video depicting nudity or sexual conduct).
- The person depicted had a reasonable expectation of privacy (they did not consent to public sharing).
- You acted with intent to harm the person depicted.
Crucially, the law applies even if the images were originally created with consent during the relationship. Consent to create does not mean consent to distribute.
What Are the Penalties for a Revenge Porn Conviction?
A conviction for Unlawful Disclosure of Intimate Visual Material is a state jail felony.
- Prison Time: 180 days to 2 years in a State Jail Facility.
- Fines: Up to $10,000.
- Criminal Record: A permanent felony record.
Beyond the prison sentence, a conviction will label you a felon. It can cause you to lose your job, professional licenses, and housing opportunities. It will appear on every background check forever. The collateral damage is often far worse than the jail time.
How These Cases Are Built: Digital Evidence is Everything
Revenge porn cases are built on a digital paper trail. Prosecutors will aggressively seek:
- Text messages and social media DMs where threats were made or images were sent.
- Email records.
- Metadata from the images proving when they were taken, on what device, and when they were shared.
- ISP and account records linking the activity to you.
They will present this evidence to a jury as proof of your intent to harm. A strong defense must challenge this digital evidence at its source.
What to Do If You Are Accused or Investigated
Your immediate reaction will set the course for your case. Do not make it worse.
- STOP ALL COMMUNICATION. Do not call, text, or message the accuser to apologize, explain, or argue. Any contact can be used against you as harassment or to establish motive.
- DO NOT DELETE ANYTHING. Deleting files, messages, or social media accounts can be seen as destruction of evidence and lead to additional charges. It also makes your defense attorney’s job much harder.
- DO NOT SPEAK TO POLICE. If detectives contact you, politely decline to answer any questions. State, “I will not speak without my attorney present.” Then, call us.
- CONTACT A DEFENSE ATTORNEY IMMEDIATELY. We need to start building your defense before warrants are executed and the prosecution’s narrative is set in stone.
Potential Defense Strategies Against Revenge Porn Charges
An effective defense requires a case-specific strategy. Possible avenues we explore include:
- Lack of Intent to Harm: The sharing may have been reckless or stupid, but can the state prove you specifically intended to harm the other person? This is a high burden for them to meet.
- Consent: Did the person actually consent to the disclosure? We look for evidence of permission.
- Lack of a Reasonable Expectation of Privacy: Were the images already public? Had they been shared widely before?
- Constitutional Challenges: Were your First Amendment rights infringed? Was the material obtained illegally?
- Misidentification: Can the state prove beyond a reasonable doubt that you were the person who shared the material?
Plano Revenge Porn Defense Attorney
An accusation like this can shake up your whole life, and the cases turn on details most people never see. Kent has defended clients against sex-related cyber charges in Collin County, and he knows how the state builds these files: the metadata, the timeline, the pressure prosecutors put on the person who reported it.
He does the work himself. He reads the report, runs his own look at the digital evidence, and tests whether the state can actually prove intent and identity. If the case belongs in front of a jury, he tries it.
One accusation does not have to be the last word. Contact Starr Law, P.C. for a confidential consultation with Kent. Call 214-982-1408.
References
- Texas Penal Code, Section 21.16. Unlawful Disclosure or Promotion of Intimate Visual Material
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Frequently asked questions
- What if I never actually posted the photos, I just threatened to?
- Under the Texas statute, a credible threat to disclose intimate material with intent to harm is itself a state jail felony. You do not have to actually hit “send” to be charged.
- Does the law apply to married couples?
- Yes. The law does not provide an exception for spouses. Sharing an intimate image of your spouse without their consent and with intent to harm is a crime.
- Can the victim “drop the charges”?
- No. Once a report is made to law enforcement, the decision to file charges rests with the prosecutor’s office, not the victim. While the victim’s wishes may be considered, the state can proceed without their cooperation.