Revenge Porn Charges: Definition, Penalties, and Defenses Available

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By LawGC

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In today’s digital age, sharing personal photos or videos can go wrong quickly. What starts as trust between two people can turn into a serious crime if that trust is broken.

One of the fastest-growing crimes online is revenge porn, and it’s something everyone should understand.

In Houston, the number of revenge porn reports has gone up in recent years. Texas passed a law in 2015 to make this act a crime, and the law continues to evolve.

People found guilty can face serious legal trouble. If you are accused or affected, a Houston revenge porn lawyer can help you understand your rights and what to do next.

What Is Revenge Porn?

Revenge porn happens when someone shares private sexual images or videos of another person without their permission. This often occurs after a breakup, but not always. The goal is to embarrass, control, or hurt the other person.

Sometimes, people think it’s okay to post or send images just because they were shared before with consent. However, the act becomes illegal if that person does not agree to let others see it. Even if the image was taken with permission, sharing it without consent can lead to a criminal charge.

Is Revenge Porn a Crime?

Yes. In many places, including Texas, revenge porn is a crime. Depending on the facts, it may be charged as a misdemeanor or felony. Each state has its laws. Some states also allow victims to sue for damages in civil court.

In Texas, it is illegal to post intimate photos of someone online without their agreement. This includes sending them via email or uploading them to websites. It does not matter if the person was once your partner. What matters is consent.

What Are the Penalties?

Being found guilty of revenge porn can lead to big problems. These include:

  • Jail or Prison Time: This depends on the state and the severity of the act. In Texas, a first offense can result in up to one year in jail and a $4,000 fine.
  • Fines: These can range from hundreds to thousands of dollars.
  • Sex Offender Registry: In some cases, people may be required to register as a sex offender.
  • Civil Lawsuits: Victims can sue for emotional harm, money lost, and other damages.

Loss of Job or Schooling

The impact goes far beyond the courtroom. A person may lose their job, friends, and trust from family. Many people feel ashamed, even if they are the victim.

What Defenses Can Be Used?

Not every person accused is guilty. Here are some defenses that may apply:

  • No Intent to Harm: The person may not have meant to hurt anyone or not have known the act was illegal.
  • Consent: If both parties agreed to share the images, it might not be a crime.
  • No Expectation of Privacy: If the image was already public, the law may not apply.
  • Mistaken Identity: Someone else may have shared the image using another person’s name or account.
  • Free Speech: Some may argue that they were just expressing themselves, but this defense rarely works in revenge porn cases.
  • Illegal Search: If police get the images without following the law, the evidence may be thrown out.

A good lawyer will look at all the facts and find the best defense.

What Should the Accused Do?

If someone is accused, they should act quickly and carefully. Some necessary steps include:

  • Hire a Lawyer: This is the most essential first move.
  • Save Evidence: Keep records of messages or conversations that may help.
  • Do Not Contact the Victim: This can make things worse.

Know the Law: Each state’s rules are different. An experienced lawyer can explain what to expect.

Some cases may end with a plea deal or a chance to avoid jail time through a program. Every case is different.

Final Thoughts

Revenge porn is a serious legal matter. It can hurt people emotionally, socially, and legally. Whether you’re a victim or someone facing charges, knowing the law can help protect your rights.

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