"Unlawful Disclosure or Promotion of Intimate Visual Material" is the statute under the Texas Penal Code that criminalizes "revenge porn." This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Person (Title 5) and is further categorized as a Sexual Offense under Chapter 21. The main crime under this statute carries an element of intentionality: that the Defendant intended to harm the person depicted in the sexual images/video. The "intent to harm" element is why the subject matter of this crime is colloquially called "revenge porn" -- it's with malicious intent that someone spreads nude pictures and videos that they knew were meant to be kept private.
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Criminal charges for Unlawful Disclosure or Promotion of Intimate Visual Material often come in the context of jilted exes trying to get back at their former lover, spreading their ex's nudes across the Internet as punishment for cheating or other interpersonal no-nos. But §21.16 doesn't require Internet-wide dissemination of private sexual images and videos. Disclosing these materials to just one other person is enough to land someone in hot, criminal water. Not only that, but Texas's revenge porn statute also criminalizes threatening to send out another person's nude images/videos as well as promoting revenge porn, which is what happens when someone tells all their followers to "check out so-and-so's nudes!" In this way, Unlawful Disclosure or Promotion of Intimate Visual Material actually criminalizes three different behaviors, all of which are punished at the same level.
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While there are various ways to defend against a prosecution under §21.16, the Texas legislature calls out a couple of things that are not a defense: that the depicted person is the one who took the images in the first place (or that they consented to someone else taking the images) doesn't matter; and, according to the Texas legislature, the fact that the depicted person sent those sexual images out willingly at some point doesn't mean that the recipient of those images can do with them as they please. Many people are caught off-guard by the criminalization of behaviors associated with revenge porn, not fully realizing the extent of the law.
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If you've been charged with a sexual offense under §21.16, Unlawful Disclosure or Promotion of Intimate Visual Material, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and efficiently, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
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Texas Penal Code §21.16, Unlawful Disclosure or Promotion of Intimate Visual Material, criminalizes three different behaviors related to "revenge porn," listed as subpoints (b), (c), and (d), and defined as follows:
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(b) A person commits an offense if:
(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;
(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation 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 in any manner, including through:
(A) any accompanying or subsequent information or material related to the visual material; or
(B) information or material provided by a third party in response to the disclosure of the visual material.
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(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
(1) in return for not making the disclosure; or
(2) in connection with the threatened disclosure.
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(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
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This statute defines "Intimate Parts" as:
"the naked genitals, pubic area, anus, buttocks, or female nipple of a person."
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This statute defines "Promotes" as:
"to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above."
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This statute defines "Sexual Conduct" as:
"sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse."
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This statute defines "Simulated" as:
“the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.”
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This statute defines "Visual Material" as:
“(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or (B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method."
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The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §21.16, Unlawful Disclosure or Promotion of Intimate Visual Material, is 3 years.
Unlawful Disclosure or Promotion of Intimate Visual Material is classified in Texas as a State Jail Felony.
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Unlawful Disclosure or Promotion of Intimate Visual Material, like other State Jail Felonies, is punishable by 180
days -- 2 years in Texas state jail, as well as a fine of up to $10,000.
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CALL TODAY for a free case evaluation– always complimentary, always confidential.
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Probation may be granted to individuals who plead guilty or no contest to Unlawful Disclosure or Promotion of Intimate Visual Material under Tex. Penal Code §21.16. Additionally, judges may accept plea deals for deferred adjudication in these cases.
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AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
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Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
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NO.
Currently Tex. Penal Code §21.16, Unlawful Disclosure or Promotion of Intimate Visual Material, is not a registrable offense. However, the Texas legislature can add this offense to the list of registrable offenses at any time, and a person who pled guilty, was found guilty, or received deferred adjudication (even if later dismissed) for this offense would be required to register as a sex offender, even if the offense did not require registration at the time they were convicted.
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CLICK HERE TO LEARN MORE ABOUT SEX OFFENDER REGISTRATION IN TEXAS.​
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About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
