In Houston, revenge porn is illegal. According to the Texas Penal Code Section 21.16, it is illegal to share intimate material of another person without consent. This offense in Houston can be classified as a Class A misdemeanor, which attracts a $4,000 fine or a jail term of one year. A repeated offense can lead to a state jail felony with a $10,000 fine or up to two years in prison. 

Understanding what constitutes revenge porn and what to do if you are accused is very important. If you are unsure of what to do, a skilled Houston revenge porn lawyer can help you explore your options and the next course of action.

What Qualifies as Revenge Porn?

Contrary to popular belief, revenge porn is not limited to ex-partners looking for payback. It can happen when a sexual graphic or intimate content of a person is shared without their consent. In most jurisdictions, revenge porn is defined by the following:

• The person depicted had a reasonable expectation of privacy
• The photo or video is sexually explicit
• The content was shared without consent
• There was an intent to cause harm or distress

Examples include:

• Uploading a private photo to social media
• Forwarding intimate videos through texts or email
• Sharing screenshots

In some cases, even if the images were originally taken without consent, distributing them without permission may still qualify as a crime. 

How to Defend Yourself If You Are Accused

If you have been accused of sharing explicit material without consent, don’t ignore the situation. As mentioned, in Houston, these are serious allegations that can lead to jail time. There are several legal defenses that can be used depending on the facts of the case. These include:

Lack of Intent

Your lawyer can argue that you may have shared the material without realizing it could be harmful. Proving you did not intend any malicious outcome can help your case. 

Consent

If the person gave permission for the content to be shared, this can be a valid defense. One aspect of revenge porn is that both the victim and perpetrator had an understanding that the images should be private. Proving the lack of this knowledge can work in your favor, even though it may be difficult.

Mistaken Identity 

Another defense is that someone else accessed your account or device and shared the content without your knowledge. 

Improper Investigation and False Evidence

If law enforcement collected evidence without a proper warrant or violated your rights, your attorney can use this in your defense. In some cases, the victim may have presented doctored evidence or made false claims, which may favor your case. 

Why You Need Legal Help

Facing a revenge porn accusation without a lawyer can harm your case. An experienced attorney can examine the evidence, advise you about your rights, and protect your reputation while fighting to get the charges dropped. Even if you believe that the claim is baseless, legal representation is the best way to make sure your side is heard. 

Conclusion

Revenge porn is a criminal offense that can have lasting consequences on your reputation and record. If you are facing such claims, understanding the law and acting quickly with the right guidance can make a large difference.