Revenge Porn

The end of a relationship can be personally devastating. Emotions are high and unfortunately, a person you once loved can become your enemy. If you have been accused of revenge porn and have tried talking to the accuser – stop now. This will only make your situation more challenging. Anything you say can be taken out of context and be held against you.  

When you hire The Wilder Law Firm, you will be putting our more than 25 years of experience to work for you. Revenge porn cases are emotionally volatile and often contain very private material. We will listen without judgement to your side of the story and begin preparing your defense. These cases are complex and should not be navigated on your own. Call The Wilder LawFirm at 214-741-4000 for your free, confidential consultation.

What is Revenge Porn?

Many people are surprised to learn that revenge porn is a real crime under Texas Penal Code Section 21.16. Under Texas law, a person commits the crime of revenge porn if: 

21.16(b) 

  1. Someone discloses visual material depicting another person’s intimate parts. The person must do this without consent of the depicted person and with intent to harm that person.
  2. At the time of the disclosure, the person depicted has reasonable expectation to believe that the visual material would remain private;
  3. The disclosure of the visual material causes harm to the depicted person; and
  4. The disclosure of the visual material reveals the identity of the depicted person, including through:
  1. Any accompanying or subsequent material related to the visual material; or
  2. Information or material provided by a third party in response to the disclosure of the visual material. 21.16(c)  

A person commits this offense if they make the threat to obtain a benefit:

  1. In return for not making the disclosure; or
  2. In connection with the threatened disclosure. 21.16(d) 

A person commits this offense if they knowingly promote visual material described by Subsection (b) on an internet website or other forum for publication that is owned or operated by the person.

Your Defense Strategy 

As soon as you retain The Wilder Law Firm, we begin work on your defense immediately. We will investigate all the facts and use the specifics of your scenario to develop the most effective defense strategy for you. While a revenge porn accusation or charge may feel overwhelming, now is not the time to panic. With our experience on your side, we can establish the best defense for your situation. 

Texas law actually outlines a few affirmative defense options that can be made to a revenge porn charge. These include:

It is an affirmative defense to prosecution under Texas Penal Code 21.16(f) that:

  1. The disclosure or promotion is made in the course of:
    1. lawful and common practices of law enforcement or medical treatment;
    2. reporting unlawful activity; or
    3. a legal proceeding, if the disclosure or promotion is permitted or required by law;
  2. The disclosure or promotion consists of visual material depicting in a public setting only a person’s voluntary exposure of their intimate parts or engagement in sexual conduct. Finally, it is an affirmative defense if the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.

Consent: Consenting to the disclosure is always an issue with revenge porn. Many people routinely post nude or provocative photos of themselves on the internet and the complaint only occurs after the relationship ends.

Intent: Did you have any intent to harm the person? What started out a cordial and mutual internet posting turns into a claimed malicious post after the relationship ends.  

The type of relationship you have or had with the accuser usually is at the center of any defense. This is why we will listen to your side of the story without judgment. It is by listening to you that we will be best able to develop the most effective defense for you. 

Penalties of Revenge Porn

In the state of Texas, revenge porn is a state jail felony with potential punishments of:

  • A jail sentence of 180 days to two years.
  • Probation from 2-5 years.
  • A fine up to $10,000.

Additional penalties include:

  • Permanent criminal record.
  • Ineligibility for professional licenses or the loss of your current license.
  • Difficulty working in certain fields.
  • Difficulty getting approved for loans.
  • Immigration issues.
  • Inability to possess firearms.
Our #1 Goal is Protecting Your Future

If you or a loved one are being accused of revenge porn, put The Wilder Law Firm in your corner. Going through the turmoil of a failed love affair in addition to this charge, your life has been turned upside down. Do not attempt to navigate these waters alone. Trying to explain what happened could put you in a worse position. Contact us today at 214-741-4000 for the help that you need.   

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We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.

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