Unlawful Disclosure of Intimate Visual Material

What happens if a person creates pictures or a video with naked pictures or sexual activity with an intent that the information remains private but it is later disclosed publically?

The posting of this intimate visual material online is sometimes called "revenge porn." In a case of revenge porn, one person posts the intimate material online in order to harass or embarrass another person. Once the images or video is posting online, it can be downloaded by hundreds of other people and might never disappear entirely.

Under Texas law, it is not a defense to prosecution that the depicted person originally created or consented to the creation of the visual material or voluntarily transmitted the visual material to the defendant.


Attorney for Revenge Porn Defense in San Antonio, TX

Don Flanary represents clients charged with the Unlawful Disclosure or Promotion of Intimate Visual Material and related offenses for Improper Photography or Visual Recording in San Antonio, TX and the surrounding communities of New Braunfels, Boerne, Schertz, Canyon Lake, Seguin, Timberwood Park, Converse, Cibolo, Leon Valley, Live Oak, Alamo Heights, Lackland AFB, Universal City, Selma, Fair Oaks Ranch, Floresville, Helotes, Hondo, Kirby, Lakehills, Pleasanton, Terrell Hills and Windcrest

With offices in San Antonio, TX, Don Flanary also represents clients charged with sex crimes throughout Bexar County, Comal County, Wilson County, Atascosa County, Guadalupe County, Medina County, Kendall County, and Bandera County.

Call (210) 738-8383 to discuss your case.


Elements of the Revenge Porn Statute in San Antonio, TX

Unlawful Disclosure or Promotion of Intimate Visual Material under Penal Code, Sec. 21.16(b) is classified as a Class A Misdemeanor. Each element of the offense must be proven beyond all reasonable doubt including:

  1. without the effective consent of the depicted person;
  2. the defendant intentionally discloses visual material;
  3. depicting another person with the person's intimate parts exposed or engaged in sexual conduct; and
  4. 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; and
  5. the disclosure of the visual material causes harm to the depicted person; and
  6. the disclosure of the visual material reveals the identity of the depicted person in any manner, including through any accompanying or subsequent information or material related to the visual material; information or material provided by a third party in response to the disclosure of the visual material.

Texas law provides for an affirmative defense to prosecution when the disclosure or promotion is made in the course of:

  • lawful and common practices of law enforcement or medical treatment;
  • reporting unlawful activity; or
  • a legal proceeding, if the disclosure or promotion is permitted or required by law.

Definitions under the Statute for Unlawful Disclosure or Promotion of Intimate Visual Material

“Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.

“Changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas. “Promote” means 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.

“Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.

“Simulated” means 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.

“Visual material” means:

  • 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
  • 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.

A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or to cause the result.

"Preponderance of the evidence” means the greater weight and degree of credible evidence that has been admitted before you in the trial of this cause.


This article was last updated on Monday, December 19, 2016.

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