Revenge Porn

Revenge Porn Attorney in Plano, TX

Revenge Porn Criminal Defense Lawyer in Plano, Collin County

The digital age has created all-new sorts of opportunities for individuals to better their lives. It has also created new criminal opportunities. While most people are aware that such activities as digital piracy are crimes, many individuals are unaware of revenge porn charges. Revenge porn is a relatively new criminal charge intended to prevent individuals from using the internet to spread potentially damaging photos or videos. Although people could spread analog photos and videos in the past, the reach of the internet allows individuals to spread revenge porn to a far larger audience and cause much greater damage than in the past. This is why law enforcement has come to take revenge porn laws so seriously. This is especially true in Texas. In fact, Texas led the United States in pioneering some of the nation’s most important anti-revenge porn legislation. This is part of a broader effort to combat the spread of illegal internet porn.

Revenge porn charges can be extremely damaging to your personal and professional life. That is why you need an experienced revenge porn defense lawyer in Plano, Texas, on your side. We are here to protect your rights and freedoms. With years of experience, our team knows how to build a strong defense for you. Revenge porn is an unfortunate reality of the digital age. When you hire 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 judgment to your side of the story and begin preparing your defense. These cases are complex and should not be navigated on your own.

What is Considered Revenge Porn in Texas?

Put simply, revenge porn is the distribution of sexually explicit material without the consent of the person(s) pictured in the images. “Revenge porn” is so called because it often involves former romantic or intimate partners distributing explicit photos and videos in an effort to “get back” at an ex. Revenge porn can impact anyone of any gender or sexual orientation, and there is no set “profile” for who can or does distribute revenge pornography. Regardless of the identities of the accused or the victim, revenge porn is a crime under Texas Penal Code Section 21.16.

Under Texas law, a person commits the crime of revenge porn if:

  • They Disclose Intimate Visual Material Depicting Another Person’s Intimate Parts
  • They Do Not Have the Consent of the Pictured Individual(s)
  • The Material was Disclosed to Harm the Pictured Individual(s)
  • The Pictured Individual(s) Had a Reasonable Expectation that the Images were Private
  • The Material Reveals the Identity of the Depicted Person(s)

Under Section 16(c), a person may also face charges for threatening to share intimate images or videos to gain something of value, such as in extortion. Under 16(d), you need not be the original distributor to face prosecution. Sharing material uploaded by someone else, or even sharing links to it, can lead to charges. If you are accused of distributing revenge porn, contact our defense attorney immediately.

What are Some Defenses Against Revenge Porn Charges?

As a relatively “newer” crime, revenge porn cases may be challenging to prosecute. This means there are multiple available defenses for anyone charged with the crime.

Consent is a major and powerful defense. If you can demonstrate that you had consent to distribute the material, or if the person depicted had a reasonable expectation that the material would be disseminated, this may be a solid defense. For example, if the person in the images took them with the expectation they would be disseminated on an adult website, this may prove a solid defense. It may also prove to be a defense if you can establish that the person depicted in the images or video took them for the express purpose of the images being shared with third parties.

Different circumstances also allow for the distribution of images depicting a person’s intimate parts. For example, it is an affirmative defense to prosecution under Texas Penal Code 21.16(f) if the images were shared by a doctor or law enforcement personnel as part of their routine duties, such as sharing images from a medical procedure or criminal investigation.

Another potential defense is if you came across the images as part of your normal work or were an unwitting recipient. For example, if you are an IT professional and you came into possession of revenge porn on a device you were working on, you may be able to avoid prosecution. Similarly, it may be a defense if you can demonstrate that someone else provided you with the material against your will or without your knowledge.

These are only a few potential defenses to revenge porn charges in Texas. One of our compassionate and dedicated defense attorneys will review your case, listen without judgment, and help determine the best path forward.

What are the Potential Penalties of a Revenge Porn Conviction?

Although revenge porn laws are relatively new, the consequences can be severe.

In the state of Texas, revenge porn is a state jail felony with potential punishments of six months to two years in jail, two to five years’ probation, and a $10,000 fine. Additionally, a revenge porn conviction can prevent you from legally obtaining and owning a firearm and may result in the suspension or loss of certain professional licenses.

On top of the criminal penalties faced by someone convicted of revenge porn, you may face a social stigma that lasts for years. Few people wish to associate with someone convicted of sharing intimate material without a person’s consent. A reputation for a revenge porn conviction can seriously impact your standing within the community, your ability to form relationships with people, your ability to find a romantic partner, and more. Don’t let a revenge porn conviction potentially derail your life. If you or a loved one has been accused of revenge porn, don’t hesitate; contact Wilder Law Firm today.

Can a Revenge Porn Lawyer Provide Me With a Strong Defense?

The attorneys at Wilder Law Firm pride themselves on their compassionate, non-judgmental approach to criminal defense. We honestly believe that everyone is innocent until proven guilty and that everyone deserves the best possible defense available to them. We work closely with each of our clients to craft a customized defense that ensures they have the best opportunities moving forward. Revenge porn charges can be frightening, but they don’t have to be. With the attorneys and legal staff of Wilder Law Firm in your corner, you stand more than a fighting chance. Don’t hesitate. If you or a loved one has been charged with revenge porn in Plano or the surrounding Collin County and Texas region, don’t hesitate to put the Wilder Law Firm in your corner. Call (214) 949-4687 today to schedule your free consultation.