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Disclosure Of Intimate Material

San Antonio Revenge Porn Defense Attorney

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.

Unlawful Disclosure of Intimate Visual Material

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

The posting of this intimate visual material online is sometimes called revenge porn. In the case of revenge porn, one person posts intimate material online in order to harass or embarrass another person. Once the images or video is posted 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.

Call (210) 899-7566  to discuss your case.

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Ready to take action? Reach out to us today and let's start working towards your legal goals together. Whether you have questions about your case, need immediate assistance, or want to schedule a consultation, our experienced team is here to help.

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:

  • Without the effective consent of the depicted person;
  • The defendant intentionally discloses visual material;
  • Depicting another person with the persons intimate parts exposed or engaged in sexual conduct; and
  • 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
  • The disclosure of the visual material causes harm to the depicted person; and
  • 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.
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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

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 nipples 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, advertise, or offer or agree to do any of the above.

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

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