The phrase revenge porn is now far more prevalent in court because of recent years. Revenge porn as a crime involves sharing private or intimate information, and revenge porn usually alludes to media such as nude photographs or videos sent over the internet.

The typical revenge porn case involves information being used to harass, shame, or embarrass an alleged victim. Some cases of revenge porn can involve attempts to make financial gains.

Revenge porn is only becoming a more common news item. Frequent circumstances involving revenge porn include jilted ex-lovers using various media to debase a victim or people hacking sensitive material through technological means.

In many cases, alleged offenders upload information to websites where revenge porn can be prevalent. In many cases, content can be accompanied by the identity of a victim, including their name, location, profession, or social media accounts.

The Texas Legislature makes unlawful disclosure or promotion of intimate visual material a crime. Revenge porn is a sex crime that can carry harsh penalties.

Revenge Porn Defense Lawyer in Fort Worth, Arlington, Grapevine, Keller, and Southlake, TX

Revenge porn allegations can affect both the personal and professional life of any individual. In addition to criminal penalties, people can see immediate scorn and ridicule in their community.

When facing revenge porn charges in the Tarrant County area, it is essential to seek legal aid. Our firm represents clients in both civil and criminal cases involving revenge porn. Revenge porn cases are not always easy to defend, but our firm knows how to take calculated risks. Some charges may require witness testimonies and a deeper understanding of various internet platforms.

Call (817) 422-5350 or contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.

Revenge Porn Charges in Tarrant County

Texas Penal Code § 21.16 does not use the phrases “revenge porn” or “revenge photography.” State law instead defines revenge porn as unlawful disclosure or promotion of intimate visual material.

A person commits an offense if:

  • without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct;
  • at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
  • the disclosure of the visual material causes harm to the depicted person;  and
  • the disclosure of the visual material reveals the identity of the depicted person in any manner, including through any accompanying or subsequent information or material related to the visual material; or information or material provided by a third party in response to the disclosure of the visual material.
 

Terms are defined as follows:

  • “Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipples of a person.
  • “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.
  • “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviant sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.
  • “Simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
  • “Visual material” means any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or any disk, diskette, or another physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other methods.
 

A person also commits an offense if they intentionally threaten 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 in return for not making the disclosure; or in connection with the threatened disclosure.

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.

Revenge photography or porn is also subject to civil lawsuits. These cases can be based on defamation, public disclosure of private facts, intrusion on seclusion, and intentional infliction of emotional distress (IIED). Damages in these cases can be granted for past and future reputation damages, exemplary damages, and past and future mental anguish damages. The plaintiff can also seek a permanent injunction to avoid any further distribution of the sensitive visual material.

Law Offices of Richard C McConathy Revenge Porn

Revenge Porn Penalties in Fort Worth

Unlawful disclosure or promotion of intimate visual material was originally a Class A misdemeanor. It is now a state jail felony.

This means that a conviction can result in up to two years in state jail as well as a fine of $10,000.

Revenge Porn Defenses in Tarrant County

Now that revenge porn is more prevalent in the news, the general public has a distaste for alleged offenders. If one has been charged with unlawful disclosure of sensitive materials, they need a strong legal defense.

Beneath are some possible defenses that could reduce or diminish the charge:

  • Establishing that the plaintiff couldn’t have reasonably believed the material would be kept private;
  • Establishing you had “effective consent” of the person shown in the sensitive visual media;
  • Refuting that you promoted the visual materials via any public forum or internet website; or
  • Refuting that disclosing the material caused the victim harm.
 

Texas Penal Code § 21.16 provides that it is not a defense to prosecution under this section that the depicted person:

  • created or consented to the creation of the visual material; or
  • voluntarily transmitted the visual material to the actor.
 

It is an affirmative defense to prosecution under Subsection (b) or (d), however, that the disclosure or promotion is made in the course of:

  • lawful and common practices of law enforcement or medical treatment;
  • reporting unlawful activity; or
  • a legal proceeding, if the disclosure or promotion is permitted or required by law.

Tarrant County Revenge Porn Resources

Taking New Steps to Put an End to “Revenge Porn” ― This 2015 article notes that on September 1, a new state law would make it a class A misdemeanor to publicly post intimate photos of a partner that were sent with the understanding they remain private. A conviction could bring a fine of up to $4,000 and a sentence of up to one year in jail. Under the law, the person who shares the photos and whoever hosts the website they’re posted on can be prosecuted.

Texas Court of Criminal Appeals upholds “revenge porn” law ― In 2018, the 12th Court of Appeals in Tyler ruled that the law violated the First Amendment and asked a lower court to dismiss charges against a man who was awaiting trial for posting a woman’s private photos online without her consent. According to a ruling by Court of Criminal Appeals Presiding Judge Sharon Keller and Judge Kevin Yeary, even though the law is a content-based restriction, it is not overbroad because it is tailored to a specific government interest — protecting sexual privacy. In order for someone to be charged under the law, the state would have to prove that the offender intentionally posted photos that were intended to be kept private, knew they did not have permission to post the photos and posted photos that identified the person depicted, the Court of Criminal Appeals ruled. The law would not apply to someone who unknowingly shared certain images, the ruling added.

Find A Tarrant County Defense Attorney for Revenge Porn Charges | Law Offices of Richard C. McConathy

Contact the Law Offices of Richard C. McConathy today for a consultation about your arrest for revenge porn case in Tarrant County in Texas. Richard McConathy is an experienced criminal defense attorney in Fort Worth who will make every effort to find applicable defenses in your particular case to have your charged reduced or even dismissed.

Contact the Law Offices of Richard C. McConathy today at (817) 422-5350 for a consultation about your alleged offense in Southlake, Fort Worth, Arlington, Grapevine, Keller, and surrounding areas of Tarrant County, TX area. We can help you better understand the nature of your charges and also examine your possible defense options.

 

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