Texas Revenge Porn Defense Lawyer Assists Accused Clients

Capable representation for individuals charged with illicit online postings

Technology has bestowed many benefits on society, but it also makes it easier for people to act on impulse and do things they later regret. An example is “revenge porn,” which means disseminating intimate images of another person that were intended to remain private. This often happens after a nasty breakup, when a former lover feels a burning need to “get even.” If you’ve been accused of unlawfully distributing intimate images, you face serious criminal charges that could impact your reputation, derail your career and even land you in jail. Kevin L. Collins, P.C. provides the skilled and aggressive defense representation necessary to mitigate any harm from your arrest.

How is revenge porn classified under Texas criminal law?

Texas passed its revenge porn law in 2015 under the title of Unlawful Disclosure or Promotion of Intimate Visual Material. It is a crime to intentionally disclose visual material depicting a person with intimate parts exposed or engaged in sexual conduct if all of the following are true:

• The alleged offender obtained or created image(s) in which the subject had a reasonable expectation of privacy.
• The disclosure harms the subject.
• The disclosure reveals the subject’s identity.

In addition, it is a crime for the alleged offender to threaten to disclose sensitive visual material. To violate the law, a disclosure can be anything from a text message to a third party to a posting on the internet.

Potential penalties for revenge porn in Texas

Revenge porn in Texas is a Class C misdemeanor, punishable by up to a year in jail and a $4,000 fine. It becomes a Class A misdemeanor for repeat offenders. A defendant can also be held liable for civil damages and for the victim’s court costs. The charges are more serious when an adult, even as young as 18, transfers intimate images of a minor. This is a sex crime and the defendant can face felony child pornography charges, which carry lengthy prison sentences as well as the requirement to register as a sex offender for life. Texas law differentiates between “teen sexting” and child pornography, but certain minors can still be charged with a Class C misdemeanor.

Possible defenses to revenge porn in Texas

A defendant can refute charges of revenge porn by showing any of the following:

• The victim could not have reasonably believed the images would remain private.
• The defendant had effective consent from the alleged victim.
• The defendant did not promote the images via electronic media.
• The alleged victim suffered no harm.

Revenge porn is a charge that can offend jurors’ sense of decency and fair play. These emotions can sway the jury against a defendant. An effective defense attorney has the ability to present the case objectively so that the defendant gets a fair, dispassionate hearing on the facts. As a board-certified criminal defense attorney, Kevin L. Collins has demonstrated the requisite skill and professionalism time and again.

Contact an effective criminal defense attorney in San Antonio for revenge porn charges

Kevin L. Collins, P.C. provides skilled and determined defense to revenge porn charges in San Antonio, Texas and vicinity. To schedule a consultation, call 210-598-8629 or contact us online.