Charged With Revenge Porn in Texas? Talk to a Frisco Criminal Defense Lawyer Before You Respond

If you face this charge, you need a revenge porn charge Texas lawyer who will check each element against your facts. This page explains what the law requires, what a defense review covers, and how to take the next step.

What a Revenge Porn Charge Means in Texas

Revenge porn is the everyday term. Texas law calls it unlawful disclosure or promotion of intimate visual material. The statute defines “intimate parts” as the naked genitals, pubic area, anus, buttocks, or female nipple of a person.

The statute lists these elements for disclosure:

• Under § 21.16(b)(1), the person must intentionally disclose visual material showing another person’s intimate parts exposed or engaged in sexual conduct.
• The person did not have that person’s effective consent, and acted with intent to harm.
• When disclosing, the person knew or had reason to believe that the material was obtained or made under circumstances in which the depicted person had a reasonable expectation that it would remain private.
• The disclosure caused harm to the depicted person.
• The disclosure revealed the depicted person’s identity in any manner.

This page is for two groups. The first is a person accused of sending, posting, or sharing images. The second is someone who received a police, school, or platform notice about such images. An accusation is not a conviction. Each element is a separate question, and the facts answer each one.

Penalties, Enhancements, and Collateral Consequences

An offense under this section is a state jail felony, according to § 21.16(g). A state jail felony is punishable by confinement in a state jail facility for 180 days to 2 years and a fine of up to $10,000 (Penal Code § 12.35(a)-(b)).

The same conduct can lead to more than one charge. Under § 21.16(h), a person may be prosecuted under this section, another law, or both. Texas Penal Code § 21.16 addresses threats to disclose intimate visual material: it is an offense to intentionally threaten, without the depicted person’s consent and to obtain a benefit, to disclose intimate visual material. Subsection (c) addresses a person who intentionally threatens, without the depicted person’s consent, to disclose images in order to get a benefit. Subsection (d) addresses a person who promotes visual material described in Subsection (b), knowing the character and content of the visual material.

Prior history matters. § 12.46 says that using a conviction for enhancement does not stop its later use for enhancement. Under § 12.425, prior felony convictions can raise the punishment for a repeat state jail felony to the third-degree range (2-10 years) or the second-degree range (2-20 years). Under § 12.35(c), a state jail felony is punished as a third-degree felony (2-10 years) in listed circumstances, including a deadly weapon finding. Because such an offense is not a state jail felony punishable under § 12.35(a), § 12.42 can also apply: a prior conviction for a felony other than a state jail felony punishable under § 12.35(a) can raise the offense to second-degree punishment (2-20 years) under § 12.42(a), and two prior sequential convictions for felonies other than a state jail felony punishable under § 12.35(a) can raise it to 25-99 years or life under § 12.42(d). Section 12.46 addresses the use of prior convictions.

A conviction can also affect jobs, professional licenses, housing, and family life. Article 7B.001 lists the offenses, such as sexual assault, stalking and trafficking, that qualify a victim for a Chapter 7B protective order, and § 21.16 is not one of the listed offenses. Art. 7B.003 lists the findings a court must make before it issues one. The real exposure depends on the charge, the facts, and the record.

No lawyer can ensure a particular outcome. A review of the charging papers shows what the exposure is in your case.

What a Defense Lawyer Reviews in These Cases

A defense lawyer checks each element against the evidence. The review usually starts with consent, intent, authorship, and where the image came from.

• Consent. Who appears in the image, what consent existed, and whether it was withdrawn or disputed. Under § 21.16(e), it is not a defense that the depicted person created the material, consented to its creation, or sent it to the accused. Consent to a photo and consent to share it are separate questions.
• Intent. What the state must show about intent to harm, and what the messages and posting history actually say.
• Authorship and access. Who created, sent, uploaded, or forwarded the image. Shared accounts, shared devices, and access by others all matter.
• Origin. How and where the image was made or obtained, and whether the depicted person had a reasonable expectation that it would remain private.
• Digital evidence. Platform records, device extractions, metadata, and timestamps. The review also covers how investigators collected the evidence.

The statute also lists affirmative defenses. Subsection (f) also sets out affirmative defenses for a disclosure or promotion made in the course of reporting unlawful activity, in the course of law enforcement or medical treatment practices that are lawful and common, or in a legal proceeding where the law permits or requires it. Other defenses cover visual material showing, in a public or commercial setting, only a person’s voluntary exposure of intimate parts or sexual conduct, and a disclosure by an interactive computer service (as defined by 47 U.S.C. § 230) when the visual material was provided by another person (Penal Code § 21.16). A lawyer reviews whether any of them fit. We explain your options without predicting how the case will end.

Related Charges Often Filed Alongside Revenge Porn Allegations

One act can break more than one law. That is why related charges can appear in the same case. Each charge has its own elements, penalties, and proof, so each one needs its own review.

• Sextortion-style threats. Under § 21.16(c), it is an offense to intentionally threaten, without the depicted person’s consent, to disclose intimate images to obtain a benefit. That threat is a separate offense from posting the images.
• Online sex crimes. Barbieri Law Firm defends online sex crimes charges. A case review can address related issues that arise from the same facts.
• Other charges under the same facts. Under § 21.16(h), the State may use this section, another law, or both. Your lawyer checks which charges are actually filed.

How the Defense Process Works

The process starts with a free first consultation. It then moves into evidence review, planning, and the court steps that follow.

1. Free first consultation. We review the charge, the timeline, and any notice you received. The first consultation is free, with no obligation to continue.
2. Preservation. We identify the devices, accounts, and messages that matter. Do not delete anything, because deleting material can create new problems.
3. Evidence review. We request the State’s file and review the digital evidence with you.
4. Options. We explain the realistic paths, which may include motions, negotiation, or trial, and what each one requires.

Timelines vary by county court schedules and case complexity. We explain the expected stages for your case instead of giving a fixed date.

Why Barbieri Law Firm for Your Case

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth, and Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization

Our team includes assistants and office staff who help keep your case organized. Our review follows the statute element by element, as laid out above. We focus on what the law requires and what the evidence shows.

Frequently Asked Questions

Talk to Heather Barbieri About Your Charge

If you have a notice, a charge, or an investigation over intimate images shared online, your next step is a conversation about your facts. Call (972) 424-1902 or send your case details through the contact form to schedule your free first consultation.

Attorney responsible for this site: Heather Jean Barbieri, Barbieri Law Firm, Frisco, Texas.