Houston Revenge Porn Defense Attorney

In today’s digital age, mobile devices allow people in Houston, Texas, to share intimate moments with loved ones, no matter the distance. What was once considered taboo, such as taking personal, intimate photos or recording private videos, has become more socially acceptable. Many couples now see this as a way to strengthen their relationship and stay connected.

However, when these private moments are shared without consent, it can result in significant legal consequences. In Texas, distributing intimate images or videos without the depicted person’s permission can lead to serious criminal charges under the state’s strict revenge porn laws. If you’ve been falsely accused of such an offense, the impact on your life and reputation can be devastating. Having an experienced Houston revenge porn defense lawyer on your side is crucial to protecting your rights and defending your future.

What Constitutes Revenge Porn in Houston, Texas?

Revenge porn, also referred to as non-consensual pornography, is a form of digital abuse where sexually explicit images or videos are shared without the consent of the person depicted. Typically, this form of abuse is carried out by a current or former partner as a way to humiliate or seek revenge. However, revenge porn isn’t limited to romantic relationships; a coworker, family member, or even a stranger could gain access to private images and maliciously distribute them.

In some cases, a person may have voluntarily shared intimate photos with a partner, trusting that these private moments would remain confidential. Unfortunately, that trust can be violated when those images are posted or shared without permission, often as a way to control, shame, or retaliate against the individual. Sometimes, an abusive partner may even take nude or sexual photos without your knowledge, further deepening the violation.

The consequences of being falsely accused of revenge porn can be severe. If you find yourself in this situation, it’s critical to seek the guidance of an experienced revenge porn defense attorney in Houston, Texas. The right legal representation can make a significant difference in defending your reputation and freedom. A skilled Houston sex crime defense lawyer can help you understand the complexities of the law, while a Houston sex offender attorney can assist in building a strong defense against these accusations.

What Are The Laws For Revenge Porn in Houston, Texas?

Texas takes a strong stance against revenge porn, enforcing some of the strictest laws in the country to protect individuals from the unauthorized distribution of their intimate images. Texas Penal Code Section 21.16 outlines the legal framework that makes it illegal to share sexually explicit material without the consent of the person depicted. This law is designed to protect individuals from the emotional, reputational, and social harm that comes from the unlawful disclosure of private images.

Moreover, Texas Penal Code § 43.261 covers the possession and promotion of obscene visual materials, particularly those involving minors. This is another critical aspect of Texas law that safeguards individuals from harmful and illegal content sharing.

There are three primary offenses related to revenge porn under Texas law:

Unlawful Disclosure of Intimate Visual Material: This offense involves intentionally sharing intimate images or videos of another person without their consent, knowing that the disclosure will likely cause harm. The law applies even if the person depicted initially consented to the creation of the visual material. The moment those images are shared without explicit permission, a serious legal violation occurs.
Threatening to Disclose Unlawful Intimate Visual Material: In some cases, the act of threatening to share intimate images or videos is enough to constitute a criminal offense. Even if the images are never actually disclosed, the threat alone can be used to manipulate or control another person, making this a punishable crime under Texas law.
Promoting Intimate Visual Material: Sharing or promoting intimate visual content on platforms like social media or websites without the consent of the depicted individual is another way that someone can be charged with revenge porn. Whether for personal gain or to inflict harm on someone else, promoting such material is illegal and comes with severe consequences.

For anyone accused of these offenses, the penalties can be life-altering. Seeking the help of a seasoned Houston revenge porn defense lawyer is critical in navigating these charges. A Houston revenge porn defense lawyer can assist in understanding the complex legal landscape and provide the defense needed to protect your rights.

Additionally, those facing accusations related to the promotion or disclosure of intimate visual material may also need the expertise of a attorney from Scheiner Law Group to minimize the impact on their future. If you are being falsely accused of revenge porn or a similar sex offense in Houston, contact our legal team today.

What is The “Deepfake Pornography Law” in Texas?

With the advent of deepfake technology, Texas has had to adapt its legal framework to address new forms of digital abuse. In response to the rise of deepfake pornography—where digitally altered videos are used to create deceptive and damaging content—Texas enacted Texas Penal Code Section 21.165, effective September 1, 2023. This statute, known as “Unlawful Production or Distribution of Certain Sexually Explicit Videos,” specifically targets the misuse of deepfake technology.

Under this law, it is a criminal offense to knowingly produce or distribute deepfake videos that depict someone in sexually explicit scenarios without their consent. A “deepfake video” is defined as a video created with the intent to deceive, making it appear as though a real person is performing an action that did not actually occur. If you are accused of creating or sharing such content, it is crucial to consult with a knowledgeable Houston revenge porn defense lawyer.

The law classifies this offense as a Class A misdemeanor, which can result in up to one year in county jail and a maximum fine of $4,000. Given the serious nature of these charges, having an attorney is essential to navigating the legal process and protecting your rights. For those facing such allegations, engaging a skilled and experienced Houston revenge porn attorney can help build a strong defense and mitigate the potential legal consequences.

What Are Consequences Of Being Convicted of Revenge Porn in Houston, Texas?

In Texas, the penalties for unlawful disclosure or promotion of intimate visual material are severe. Under Texas Penal Code Section 21.16, these offenses are classified as State Jail Felonies. If convicted, you could face between 6 months to 2 years in State Jail, and/or a fine of up to $10,000. For those facing such charges, it’s essential to engage a knowledgeable legal representative to navigate the complexities of the case and protect your rights.

Texas Penal Code § 21.16(e) specifies that it is not a defense to argue that the depicted person consented to the creation or transmission of the visual material. However, Texas Penal Code § 21.16(f) provides some affirmative defenses, including:

Lawful Practices: Disclosure or promotion made as part of lawful activities, such as law enforcement, medical treatment, reporting unlawful activity, or legal proceedings, if permitted or required by law.
Public Exposure: Disclosure involving material showing voluntary exposure of intimate parts or sexual conduct in a public or commercial setting.
Interactive Computer Services: If the alleged offender is an interactive computer service, as defined by Title 47 U.S.C. § 230, and the material was provided by another person.

Additionally, the Texas Civil Practice & Remedies Code was updated to include Chapter 98B, which allows for civil liability. Texas Civil Practice & Remedies Code § 98B.002(a) stipulates that if the disclosure of intimate visual material occurs without effective consent, and the material was obtained under circumstances where privacy was expected, the defendant may be liable for damages.

Civil liabilities can include:

Damages for Unauthorized Disclosure: If intimate material is disclosed without consent and harms the depicted person, the defendant can be liable for damages.
Promotion of Intimate Material: If a defendant knowingly promotes such material on their platform, they can also face civil penalties.

Under Texas Civil Practice & Remedies Code § 98B.003, individuals who prevail in a civil lawsuit under Chapter 98B can be awarded actual damages, including those for mental anguish, court costs, reasonable attorney’s fees, and potentially exemplary damages (punitive damages).

Civil lawsuits can result in substantial financial consequences. For example, a recent case in Harris County resulted in a $500,000 award for emotional distress caused by the unauthorized sharing of intimate images.

Because of the high stakes involved, it is crucial to have a legal representative to defend against these serious charges and to address any potential civil liabilities. Understanding the charges and taking appropriate legal action can significantly impact the outcome of your case.

Are There Exceptions For Minors Facing Charges of Revenge Porn in Houston, Texas?

In Texas, minors can also face charges related to revenge porn, though the legal system recognizes the unique circumstances surrounding younger individuals. The law prohibits minors from possessing or distributing sexually explicit images of other minors. However, there are some exceptions, such as for married minors or those in relationships with individuals close in age.

Under Texas Penal Code § 43.261, if a minor is found guilty of promoting or distributing such images with the intent to cause distress, abuse, or humiliation, the offense is classified as a Class B misdemeanor. Even though it is a misdemeanor, the implications for a minor can be severe and long-lasting.

Juvenile courts tend to focus on rehabilitation rather than punishment, offering minors a chance to avoid the more severe consequences that adults might face. However, this does not mean that minors are exempt from prosecution. They may still encounter serious penalties, including placement in a juvenile detention center, probation, or other court-ordered measures.

Parents of minors facing these charges should seek guidance from a knowledgeable Houston revenge porn defense lawyer to navigate the complexities of juvenile law and to work towards a resolution that minimizes long-term consequences. An attorney familiar with sex crimes involving minors in Houston can provide critical support in understanding the charges and defending against them.

What Are Some of The Possible Defenses Against Charges of Revenge Porn?

If you are facing accusations of revenge porn, it’s essential to mount a robust legal defense to protect your rights. Whether you’re wrongfully accused or facing legitimate charges, several defenses can be employed to counter these allegations. Here are key strategies that a Houston revenge porn defense lawyer might use:

Effective Consent: One possible defense is proving that you had the “effective consent” of the individual depicted in the material. If you can demonstrate that the person shown agreed to the distribution of the content, it can serve as a strong defense against the charges. However, consent must be clear, explicit, and documented to be persuasive in court.
Privacy Expectations: Another defense involves showing that the person depicted could not have reasonably expected the material to be kept private. If you can establish that the material was not shared in a context where privacy was reasonably expected, this might negate claims of wrongful disclosure.
Lack of Harm: You might also challenge the assertion that disclosing the material caused harm to the alleged victim. If you can argue that the dissemination of the content did not result in significant emotional or psychological damage, it could undermine the prosecution’s case.
Promotion and Distribution: If you did not promote or distribute the visual material via an Internet website or other public forum, this can be a crucial point in your defense. Demonstrating that you were not responsible for publicizing the content can help disprove the allegations against you.
Affirmative Defenses: Texas law provides specific affirmative defenses under Texas Penal Code § 21.16. These include:

Lawful Disclosure: If the material was shared as part of a legal investigation, medical treatment, or legal proceeding, this may serve as a defense.
Public or Commercial Settings: If the visual material was created and shared in a public or commercial setting where the depicted person voluntarily exposed their intimate parts or engaged in sexual conduct, this can be a valid defense.
Interactive Computer Services: If the defendant is an interactive computer service provider, as defined by Title 47 U.S.C. § 230, and the content was provided by another user, this may also be considered an affirmative defense.

To navigate these complex legal defenses effectively, it’s crucial to work with an attorney in Houston, Texas, who is familiar with these serious sex offenses. They can help tailor a defense strategy based on the specifics of your case and ensure that your rights are vigorously defended.

Skilled Sex Offense Defense Attorneys in Houston, Texas

At Scheiner Law Group, we specialize in defending clients against accusations of revenge porn and related internet sex crimes. As a trusted Houston revenge porn defense attorney, we provide expert legal support tailored to your needs. Our dedicated team is committed to safeguarding your rights and reputation.

If you are facing charges or potential civil liabilities, contact us today. Our experienced Houston sex crime defense lawyers are here to help you navigate the legal system and work towards the best possible outcome. Reach out to Scheiner Law Group for a consultation and let us advocate on your behalf.