Revenge porn is a serious crime that involves sharing sexually explicit images or videos of a person without their knowledge or consent.
In Texas, there have been recent changes to the law regarding this crime. Texans can be charged with revenge porn crimes even if they’ve been falsely accused and can face severe consequences, including prison time.
Continue reading to learn more about Texas’ revenge porn laws. Speak with an attorney experienced in sex crimes if you have been accused.
Motives for Revenge Porn
Usually, the motive behind revenge porn is revenge or animosity. In many instances, it’s a crime that involves manipulation. Sometimes, the reason that someone commits a revenge porn crime is that they are a jilted ex-lover and their former significant other has already moved on to a new relationship.
In other cases, sexually explicit pictures or video may be used as a way to intimidate a person into continuing a relationship.
The motive behind revenge porn can even be blackmail or to receive money in exchange for not releasing the images or video.
No matter the motive for the crime, revenge porn has spread like wildfire in recent years — so much so that laws have become stricter in many states, including Texas.
Additionally, the recent awareness of sexual abuse and misconduct against women in the #MeToo movement has heightened the laws.
Revenge Porn Lawsuits in Texas
The first revenge porn laws in Texas were passed in 2015. However, prior to the passage of those laws, victims of the crime were able to sue in civil court.
One such case saw a woman from Houston receive a settlement of a half-million dollars for emotional distress after her ex-boyfriend allegedly uploaded sexually explicit videos of her to porn websites. This was the largest settlement award ever given in a revenge porn suit at that time.
In another case from 2012, a woman discovered that a person with whom she’d been formerly intimate with had posted sexually explicit pictures of her on a website. She and nearly a dozen other women started a class action lawsuit against the owner of the site, its web hosting company, and its Internet provider. While the lawsuit was pending, the judge ordered that the website be taken offline.
In similar cases, websites existing specifically for the purpose of revenge porn have been shut down.
Texas Revenge Porn Criminal Laws
The first revenge porn laws in Texas were passed on September 1, 2015. The law is specifically known as the Unlawful Disclosure or Promotion of Intimate Visual Material and makes it illegal to distribute, post or transfer sexually explicit photos or videos of another person without their consent.
Additionally, per the law, it’s expected that the individual depicted in the revenge porn must have had a reasonable expectation of privacy at the time when the images or videos were taken. The law also states that there must be identifying personal information about the individual shared with the photos or videos such as their face or name.
Revenge Porn Penalties in Texas
A person convicted of revenge porn in Texas can be charged with a class A misdemeanor. Penalties include a maximum fine of $4,000 and one year in jail.
In addition to criminal charges, a person who commits revenge porn can also be sued in civil court. Penalties can include $1,000 for intentional revenge porn or $500 for unintentional revenge porn. The individual can also be responsible for attorney’s fees and may be ordered to pay for the emotional distress or mental anguish of the victim.
Defenses for Revenge Porn Charges
Regardless of whether you’re falsely accused of revenge porn and face a criminal or civil lawsuit, it’s important to have an experienced attorney on your side. The following defenses may be used:
- You had “effective consent” from the individual in the so-called revenge porn.
- Proving that the plaintiff couldn’t have believed the images or videos would be kept private.
- Disputing that sharing the material caused the victim harm.
- Disputing that you promoted the material on a website or public forum.