What You Need to Know about Revenge Porn and How Texas Legal Can Help

It’s called “revenge porn,” and it’s increasingly common in the age of social media. A 2016 study found that one in 25 Americans had been the victim of revenge porn, and that number is on the rise.

Although situations differ, the story line is generally the same.  A couple breaks up, and one person takes naked images or compromising video of the other and posts it online or emails it to friends and family to get back at them. Smart phones have given us the ability to take and share images and video so easily these days. While the stereotype is that it only happens to young people, one recent Texan who was a victim of revenge porn was 68 year-old Dallas-area representative Joe Barton, whose nude selfies appeared on Twitter after he shared them with women. This goes to show that the problem goes far beyond impulsive teenagers and has serious implications for all our lives.

Texas Law and Revenge Porn

In 2015, a law went into effect in the state of Texas, making it a crime to distribute sexually-explicit images of a person without their consent. But although some states make this offense a felony, in Texas, it’s only a misdemeanor. Still, it’s punishable by up to a year in jail and a $4,000 fine, plus damages and court costs for the victim. Since the law was passed two years ago, over 130 cases have been filed around the state.

The Unlawful Disclosure or Promotion of Intimate Visual Material Act, makes it a crime when a person:

• Distributes photos of a person who is nude or engaged in sexual activity
• Distributes the images without the subject’s consent
• The images were taken with a reasonable expectation of privacy
• The images cause harm or reveal the identity of the person in them

But for most victims of revenge porn, the first goal isn’t to punish the perpetrator – it’s to get the images taken down. To do that, the best weapon is often a strange one: copyright law. When you notify a website that they may have violated the Digital Millennium Copyright Act because material posted doesn’t belong to the poster, they are more likely to listen. If you took a nude selfie, that material belongs to you, not the person you send it to.

But doing so requires knowledge of the law and the right way to approach a website. For most websites, you only get one chance to appeal a posting, so it’s important to have an attorney who can help you do so correctly.

When an Image Contains a Minor

Parents, pay attention. Sexting and revenge porn are big with today’s teenagers. In middle schools and high schools across the nation, pictures are taken, especially at parties, and shared with each other.

While potentially humiliating and devastating for someone whose picture is shared unwillingly, the person sharing the image may not realize how serious the consequences could be, especially because it’s so common – a conviction for child pornography.

Taking a picture of a minor (even a selfie), possession of that picture, even having seen that picture – all of these actions have led to child pornography convictions by the courts. It’s a very unclear area of the law and one that’s constantly evolving. Although Texas has passed laws differentiating teenage sexting from child pornography, the consequences can still be serious – a class C misdemeanor leading to a class A misdemeanor for repeat offenders.

When these images change hands between an adult and a minor – even though that might be an 17 and 18 year-old – the consequences can be much more serious – felony charges of child pornography and having to register is a sex offender for a lifetime.

Think Before You Hit “Send”

Although no one wants to anticipate a relationship going sour or that you can’t trust a significant other, the truth is, the internet is not private and anything you share is permanent, even if you hit “delete” eventually. While laws are catching up to those who would violate another’s privacy by sharing sensitive images of them, revenge porn will probably continue to be a common crime that affects all ages and demographics. The best remedy is prevention and thinking about the long term consequences of sharing something before you hit “send.”

Need Help With Revenge Porn?

If you’re a victim of revenge porn or accused of being a revenge porn perpetrator, Texas Legal can help. Our members can get access to an attorney who can help get images taken down, consult them on pursuing a case or defend them against charges. If you’re in the middle of a revenge porn case, don’t wait – use our online attorney finder to locate a qualified lawyer near you today.