Facing Revenge Porn Charges? Protect Your Rights With A Premier Criminal Defense Attorney
The American legal system can be a labyrinth of complex procedures and harsh penalties. Without proper legal representation, you risk making costly mistakes. At Cofer & Connelly, PLLC, our criminal defense lawyers are committed to defending your rights and guiding you through charges relating to unlawful disclosures in Texas. Consult our revenge porn attorneys by phone at (512) 991-0576 or get in touch online to learn more about how we can advocate for you when facing charges.
What Is Unlawful Disclosure Or Promotion Of Intimate Visual Material?
In the age of smartphones and social media, the issue of privacy invasion has extended into the intimate sphere of life. A law in Texas, specifically Section 21.16 of the Texas Penal Code, addresses the unlawful disclosure or promotion of intimate visual material, commonly known as “revenge porn.”
Key Terms Defined
Intimate Parts
The law defines “intimate parts” as the bare anus, buttocks, genitals, pubic area, or female nipple of a person.
Promote
The term “promote” refers to any act that circulates, disseminates, or otherwise makes the visual material available.
Sexual Conduct
This includes a range of activities such as sexual contact, sexual intercourse (whether actual or simulated), masturbation, and others.
Visual Material
Refers to any photograph, video, or other medium that displays an image.
The Offense: What Constitutes A Violation In Revenge Porn Cases?
You commit an offense if you disclose visual material showing another person's intimate parts or them engaging in sexual conduct without their effective consent and with the intent to harm them. Several conditions must be met for the act to be considered a violation:
- The depicted person did not give effective consent.
- The intent behind disclosing the material is to harm the depicted person.
- At the time of disclosure, you knew or had reason to believe that the material was supposed to remain private.
- The disclosure causes harm to the depicted person.
- The identity of the depicted person is revealed through the disclosure in any manner.
Threats To Disclose
A person also commits an offense if they threaten to disclose such material with the intent to gain some benefit. This means blackmailing someone by threatening to release intimate visual material is also illegal.
Promotion On Internet Websites
If you knowingly promote intimate visual material on your own or operated website, knowing its character and content, you're also committing an offense.
No Defense Clauses
Interestingly, it's not a valid defense to say that the depicted person initially created or consented to the creation of the visual material or even transmitted it voluntarily to the person disclosing it.
Affirmative Defense
There are exceptions where disclosure or promotion might not be considered an offense:
- If made during lawful law enforcement activities, medical treatment, or reporting unlawful activity.
- If it’s part of a legal proceeding and is permitted or required by law.
- If the actor is an interactive computer service, like a social media platform, and the material was provided by another person.
Penalties: State Jail Felony
Violating Section 21.16 is a state jail felony in Texas. This means you could be facing serious jail time and fines if convicted.
Specific Defenses Under Texas Penal Code Section 21.16: Unlawful Disclosure Or Promotion Of Intimate Visual Material
Lack Of Intent To Harm
While not explicitly stated as an affirmative defense in the statute, the prosecution must prove that you had the “intent to harm” the depicted person when disclosing the material. If you can demonstrate that your intent was not to harm the other party, this could potentially undermine the prosecution's case.
Lack Of Knowledge
The statute states that, at the time of the disclosure, you must know or have reason to believe that the material was meant to remain private. If you can prove that you were unaware of the depicted person’s expectations of privacy, this may weaken the prosecution’s case.
No Identification Of The Depicted Person
The law states that for a crime to have been committed, the identity of the depicted person must be revealed through the disclosure in some manner. If the material in question does not identify the person in any way, this could be a point of defense.
Law Enforcement, Medical Treatment, Or Legal Proceedings
According to Section 21.16(f)(1), one of the affirmative defenses available is if the disclosure or promotion of the intimate visual material was made:
- In the course of lawful and common practices of law enforcement
- During medical treatment
- While reporting unlawful activity
- During a legal proceeding, if the disclosure or promotion is permitted or required by law
In simple terms, if you had a lawful reason to disclose such material—for instance, if you are a law enforcement officer and the material was part of an investigation—this could serve as a valid defense.
Public Or Commercial Setting
Another defense outlined in Section 21.16(f)(2) is if the intimate visual material was depicting only voluntary exposure of intimate parts or engagement in sexual conduct in a public or commercial setting. Basically, if the person voluntarily exposed themselves in a public area or in a commercial setting like a pornography website, and you disclosed or promoted that material, this can serve as a defense.
Interactive Computer Services
Section 21.16(f)(3) states that if you are an interactive computer service (think social media platforms or website hosting services), and the intimate visual material was uploaded or provided by another person, then this can be an affirmative defense.
FAQs On Texas Penal Code Section 21.16: Unlawful Disclosure Or Promotion Of Intimate Visual Material
What Is Section 21.16?
Section 21.16 of the Texas Penal Code prohibits the unauthorized sharing, threatening to share, or promotion of intimate visual material—commonly known as revenge porn. The law aims to protect people from having intimate pictures or videos of themselves shared without their consent.
What Are “Intimate Parts” According To The Law?
The law defines “intimate parts” as bare buttocks, pubic area, anus, genitals, or the female nipple.
What Does “Promotion” Mean?
Promotion refers to acts that disseminate the material, including selling, giving, delivering, or publishing it.
What Counts As “Effective Consent”?
Effective consent means that the depicted person has willingly agreed for the material to be shared. If the material is shared without this agreement, then effective consent has not been given, making the disclosure unlawful.
Is It Only Illegal If I Intend To Harm The Other Person?
Yes, you must have the intent to harm the depicted person for the act to be unlawful under Section 21.16.
Are There Any Defenses Available To Fend Off A Revenge Porn Conviction?
Yes, the statute outlines several affirmative defenses. These include sharing the material during lawful law enforcement activities, medical treatment, or legal proceedings. Another defense is if the material depicts a person who voluntarily exposed themselves in a public or commercial setting.
What If I Run A Website? Can I Be Held Responsible For User Uploads?
You may have a defense under Section 21.16(f)(3) if you're an “interactive computer service,” like a social media platform, and the material was uploaded by another user.
What's The Penalty For Violating This Law?
Violation of this statute is considered a state jail felony, which can lead to serious jail time and fines.
Can I Be Prosecuted Under This Law And Another Law For The Same Offense?
Yes, if the conduct qualifies as an offense under another law, you can be prosecuted under both laws.
If I Didn’t Know The Material Was Private, Can I Still Be Charged?
The law states that you must know or have reason to believe the material was intended to remain private. If you can prove you didn’t have this knowledge, it could weaken the prosecution's case.
I Was Threatened With Exposure, But Nothing Was Shared. Is That Illegal?
Yes, merely threatening to disclose intimate visual material for obtaining a benefit is also an offense under this statute.
Knowledge Of Revenge Porn Laws Is Power: Seek Guidance From Criminal Defense Attorneys Today
Understanding Texas laws on revenge porn is vital for anyone facing charges under this law. If you find yourself in such a situation, it's imperative to consult with a qualified Texas criminal defense attorney to explore your legal options. Cofer & Connelly, PLLC revenge porn lawyers are ready to protect your rights and defend you against the charges. Contact an experienced revenge porn lawyer at our firm now at (512) 991-0576 or visit us online to start your defense as soon as possible.