A charge under Texas’s revenge porn law — formally called Unlawful Disclosure or Promotion of Intimate Visual Material — is a state jail felony. That means up to two years in a state jail facility, a fine of up to $10,000, and a criminal record that follows you into background checks, professional licensing reviews, and civil court.
The charge also comes with real collateral consequences beyond the sentence itself. A state jail felony conviction can cost you a professional license, affect custody proceedings, and permanently affect your ability to own a firearm. If you’ve been charged or you’re under investigation, I handle these cases in Collin County and throughout the DFW area.
What the Charge Actually Covers
Texas Penal Code § 21.16 creates three separate ways to commit this offense. Understanding which one applies to your situation matters for how the case gets defended.
1. Disclosing intimate visual material. This is the core “revenge porn” offense. A person commits it by intentionally disclosing — sharing, posting, sending — visual material that shows another person’s intimate parts or depicts sexual conduct, without that person’s effective consent, with the intent to harm them, when the material was obtained or created under circumstances where the depicted person had a reasonable expectation it would stay private, and when the disclosure reveals the depicted person’s identity and causes them harm. All of those elements have to be present.
2. Threatening to disclose. You don’t have to actually post anything to be charged. Threatening to disclose intimate material in order to obtain a benefit — whether that’s money, more images, or anything else of value — is a separate offense under the same statute. This is the sextortion variant of the charge.
3. Promoting on a website you own or operate. If a person knowingly promotes intimate visual material on an internet forum or website that they own or operate, that’s a third path to a charge. This applies to people who run or manage platforms where this material gets posted.
One important thing the statute makes clear: it is not a defense that the depicted person originally created the material, consented to its creation, or voluntarily sent it to you. Consent to creation is not consent to disclosure.
Related Offenses
Several related charges under Chapter 21 of the Texas Penal Code come up in situations similar to revenge porn cases. If you’re facing one of these, or if investigators are looking at your case from multiple angles, it’s worth understanding what each one covers.
Deep Fake Intimate Media (§ 21.165). Added in 2023 and expanded in 2025, this statute targets AI-generated or digitally manipulated intimate content. If a person produces or distributes realistic-looking sexually explicit deep fake media depicting a real person without their consent, that’s a Class A misdemeanor — up to a year in jail and a $4,000 fine. It escalates to a felony of the third degree if the actor has a prior conviction or the depicted person is under 18. The court is also required to order restitution to the victim for psychological, financial, or reputational harm. Threatening to produce or distribute deep fake media is a separate Class B misdemeanor offense under the same section.
Sexual Coercion (§ 21.18). This statute covers a broader form of sextortion — threatening to commit a sexual offense in order to obtain intimate visual material, sexual conduct, or money. It’s a state jail felony, escalating to a felony of the third degree for repeat offenders. The threat doesn’t have to be made in person — the statute explicitly covers threats made through email, social media, chat rooms, and other electronic means.
Cyberflashing (§ 21.19). Knowingly sending unsolicited sexually explicit images or videos by electronic means — without the recipient’s request or consent — is a Class C misdemeanor under Texas law. While it’s the least severe charge in this group, it can still appear on your criminal record and create problems in professional or family court contexts.
Penalties
For the core § 21.16 offense — unlawful disclosure or promotion of intimate visual material — the punishment range as a state jail felony is:
- 180 days to 2 years in a state jail facility
- A fine of up to $10,000
- Possible community supervision (probation) in lieu of or following confinement
Beyond the criminal sentence, a conviction can trigger:
- Civil liability — the depicted person can sue for actual damages, mental anguish, court costs, and attorney’s fees
- Professional license consequences — licensing boards for healthcare, law, education, financial services, and other regulated professions can deny, suspend, or revoke a license based on a felony conviction
- Firearm rights — a state jail felony conviction can affect your right to possess a firearm under both Texas and federal law
- Immigration consequences — for non-citizens, a felony conviction can trigger removal proceedings or affect visa and residency status
How I Defend These Cases
The statute has multiple elements — and the State has to prove all of them. That’s where the defense lives.
Consent to disclosure. The statute requires that the disclosure be made without the depicted person’s effective consent. If the depicted person consented to the specific disclosure — not just the creation of the material, but the actual sharing — that’s a defense. What counts as “effective consent” is a question of fact that can be contested.
Intent to harm. The disclosure element requires that the person acted with intent to harm the depicted person. If the intent behind sharing the material was something other than harm — or if intent is difficult to establish from the facts — that element is worth challenging.
Identity not revealed. The statute requires that the disclosure reveals the depicted person’s identity — directly or indirectly, including through third-party responses. If identity was never revealed, a key element is missing.
Public voluntary exposure exception. There is an affirmative defense if the material depicts only a person’s voluntary exposure of intimate parts or sexual conduct in a public or commercial setting. Whether this applies depends heavily on the specific facts.
Context and digital evidence. These cases almost always involve electronic communications — texts, DMs, emails, posts. The full context of those communications matters. Screenshots taken out of context, ambiguous exchanges, and incomplete records can all be challenged.
How I Help
If you’ve been charged with or are under investigation for unlawful disclosure of intimate visual material, the first thing I want to do is understand exactly what the State has — what they’re relying on, which elements they think they can prove, and where the weaknesses in their case are. These cases often look worse on the surface than they actually are once you work through the elements. Call me and we’ll go through it.
Is revenge porn a felony in Texas?
Yes. Under Texas Penal Code § 21.16, unlawful disclosure or promotion of intimate visual material is a state jail felony — punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. If you’ve been charged, you’re facing a felony.
Does it matter that the other person sent me the photos willingly?
Not for purposes of the disclosure charge. The statute explicitly states that it is not a defense that the depicted person consented to the creation of the material or voluntarily transmitted it to you. Consent to creation is not consent to disclosure. What matters is whether the person consented to you sharing it — and whether they had a reasonable expectation it would stay private.
Can I be charged even if I only threatened to post the images and never actually did?
Yes. Section 21.16(c) makes it a separate offense to threaten to disclose intimate visual material in order to obtain a benefit — whether that’s money, more images, or anything else of value. You don’t have to follow through on the threat. The threat itself is the offense.
What about AI-generated or edited images — is that covered under Texas law?
Yes. Texas Penal Code § 21.165, added in 2023, specifically addresses deep fake intimate media — AI-generated or digitally altered content that realistically depicts a real person in sexual situations without their consent. Producing or distributing that material is a Class A misdemeanor, escalating to a felony of the third degree if you have a prior conviction or the depicted person is a minor. I handle these cases in Collin County and throughout the DFW area.
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