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In the age of smartphones and social media, it seems to be a growing trend for jaded ex-lovers to strike back at former partners by posting images or videos of a sexual nature online. “Revenge porn” is generally considered to be the act of sharing sexually explicit photos or videos online without the consent of the person depicted and usually with the intent to embarrass, harass or humiliate the person depicted. In 2015, Texas passed legislation that creates criminal and civil liability for revenge porn in Texas.
Chapter 21 of the Texas Penal Code was amended in 2015 by adding Section 21.16. The section makes it a Class A misdemeanor offense under three different scenarios for those who disclose or promote intimate visual material.
(b) A person commits an offense if:
(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
(1) In return for not making the disclosure; or
(2) In connection with the threatened disclosure.
(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
The law specifically provides that it is not a defense to prosecution that the person depicted:
(1) Created or consented to the creation of the visual material; or
(2) Voluntarily transmitted the visual material to the actor.
The civil portion of the law is codified under Chapter 98B of the Civil Practice and Remedies Code and provides the following causes of action:
(a) A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if:
(b) A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the promotion of the material if, knowing the character and content of the material, the defendant promotes intimate visual material described by Subsection (a) on an Internet website or other forum for publication that is owned or operated by the defendant.
Individuals who are victims of non-consensual disclosure will be entitled to injunctive relief. Once granted by a judge, defendants will be enjoined from continuing to distribute the intimate material. Damages of $1,000 for each willful or intentional violation of the court order and $500 for each violation of a court order which is not found to be willful or intentional will be assessed.
A plaintiff who successfully proves distribution of intimate visual material will be awarded actual damages, including damages for mental anguish, court costs, and reasonable attorneys fees.
Any distribution or promotion of intimate materials without consent, or threats of distribution of intimate material, will constitute an offense under the 2015 legislation.
Are You Looking for a Criminal Defense Attorney? If you need legal help with an issue you are facing regarding revenge porn, call the attorneys at Varghese Summersett PLLC today at (817) 203-2220.