What Counts As Revenge Porn in Texas?

 Posted on March 20, 2025 in Criminal Defense

It has become common for two people who are dating to share private photos and videos with each other. But when relationships end badly, some people get upset and, for one reason or another, share those photos with others. This is a serious legal mistake that can lead to criminal charges. If you have posted or sent an intimate image of someone else without their consent, you could be subject to Texas’ revenge porn law, which carries harsh penalties.

At The Crowder Law Firm, P.C., our Texas sex crimes defense lawyers aggressively defend our clients. With over 300 not-guilty verdicts and acquittals, we know how to fight these cases and protect your future. If you are facing charges or are being investigated for revenge porn, understanding the law is the first step in building your defense.

What Is Considered Revenge Porn Under Texas Law?

In Texas, the official charge for revenge porn is "Unlawful Disclosure or Promotion of Intimate Visual Material." A person can be charged if they intentionally share or even threaten to share explicit images or videos of someone without their consent and under circumstances where the person who created the images or videos had a reasonable expectation of privacy.

To be convicted, the prosecution must prove that the image or video was shared without the person’s consent and that the person had a reasonable expectation of privacy. Additionally, the law says that the sharing must have been done with the intent to harm that person and that the sharing actually did harm that person.

But What Is a "Reasonable Expectation of Privacy?"

A reasonable expectation of privacy means that a person can logically assume their private photos, messages, or personal moments will stay private and not be shared with others. The law looks at whether most people would agree that something should be kept confidential — like conversations in your home, personal texts, or private photos shared in a relationship.

In revenge porn cases, Texas courts ask whether the person in the photo had good reason to think it would not be made public. If someone shares an intimate picture with someone they trust, and that person shares it without permission, it could lead to serious legal trouble.

What Are the Penalties for a Revenge Porn Conviction in Texas?

Revenge porn is a state jail felony in Texas, meaning a conviction can result in up to two years in jail, fines as high as $10,000, and a permanent criminal record. Having this charge on your record can have long-term consequences, making it harder to find employment, secure housing, or continue your education.

In some cases, additional charges such as harassment or stalking may be filed, which can lead to even harsher penalties. If the alleged victim is a minor, the case could also involve felony child pornography charges, which carry severe legal consequences.

Can You Defend Against Revenge Porn Charges?

An accusation of revenge porn does not automatically mean a conviction. With an aggressive defense strategy, it is possible to challenge the charges or have them dismissed.

One of the strongest defenses is proving a lack of intent. If you did not knowingly share the image, if your account was hacked, or if someone else had access to your device, you may not be guilty. In some cases, consent can be a valid defense if the alleged victim had previously agreed to the image being shared publicly. There are also instances where people make false allegations out of anger or revenge, and exposing inconsistencies in your accuser’s story can weaken the case against you.

Get a Collin County, TX Criminal Defense Attorney on Your Side

A revenge porn charge can destroy your reputation, career, and future — but the law says you are innocent until proven guilty. At The Crowder Law Firm, P.C., our Plano, TX sex crimes defense lawyers have won over 300 not-guilty verdicts and acquittals and are prepared to take on your case with a fierce and strategic defense.

Call 214-544-0061 today for a free consultation, and let us start building your defense immediately.