Texans are famously fearless. We do not fear extreme weather or poisonous snakes. Some of us never back down from a physical confrontation; others respond to unflattering rumors about ourselves with a smile and a “Bless your heart.” Our fearlessness dates back centuries, but the Internet changes almost everything. Even the foolhardiest people, the ones who would never wear a motorcycle helmet or appoint a designated driver for a night of drinking, fear the wrath of online trolls. Someone who uses the Internet to air their grievances against you is exponentially scarier than any of the trolls that lurk under bridges in fairy tales. If people say terrible things about you online, you can always resort to your time-honored Texan arsenal of proverbs. Sticks and stones, half of what you see, all that good stuff. Things get ugly, though, when they post your contact information, your financial details, or even pictures of you that were only meant to be seen by a small, carefully chosen group of people. Therefore, whereas the First Amendmentprotects most of what you say and post online, Texas has laws against sharing sexual images without the subject’s consent.
If you are facing criminal charges for maliciously posting sexual images of your ex or enemy, contact a Texas sex crime attorney.
Texas Revenge Porn Laws
In Texas, it is against the law to post sexually explicit or intimate images of someone without the subject’s consent. The charges only apply if the subject shared the images with you with a reasonable belief that they would remain private and that, in sharing the content, you revealed the subject’s identity. Sharing of so-called “revenge porn” is a class C misdemeanor for a first offense, but it can be upgraded to a class A misdemeanor, or even a felony, under certain circumstances. It is always a felony to share sexually explicit content depicting minors under the age of 18.
One possible defense to the charges is that the subject gave you permission to share the content; this argument is more compelling if the subject has previously posted explicit content of himself or herself. You might also argue that you did not reveal the subject’s identity because his or her face is not visible in the image, and you did not post his or her name online.
The Proposed Federal Take It Down Act
Federal lawmakers have proposed a bipartisan bill called the Take It Down Act, which would criminalize the posting of sexually explicit or intimate content online without the subject’s consent. The bill pertains not only to images that are genuine likenesses of the subject but also to so-called “deepfakes” created using artificial intelligence, which appear to show the subject in sexual situations in which he or she never engaged.
With social media and internet use being such a large part of our daily lives, there is a growing concern over what people post. When accusations are made that you posted inappropriate or unlawful content, you can defend yourself. With the help of an experienced attorney who knows the laws and legal techniques to obtain the most favorable outcome, you can avoid facing criminal penalties that can adversely affect your life for the long term.
Contact the Law Office of Patrick J. McLain, PLLC, About Criminal Defense Cases
A Dallas criminal defense lawyer can help you fight your charges if you are facing allegations of sharing sexual content online without the subject’s consent. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.