Unlawful Disclosure or Promotion of Intimate Visual Materials was added to the Texas Penal Code by the Texas Legislature in an effort to keep up with the development and advances in modern technology.
In an age where cell phones and the internet are used by the majority of the population on a daily basis, the Texas Legislature wanted to ensure that visually explicit images and videos could not be posted or shared without the consent of the individual depicted in them. It is a felony to share, distribute, or threaten to share intimate images of another person without their consent.
If you’re being investigated or charged with Unlawful Disclosure or Promotion of Intimate Visual Materials, contact Jack B. Carroll & Associates at 713-228-4607 immediately so that we can properly review you case.
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What is Unlawful Disclosure of Intimate Visual Material in Texas?
Unlawful disclosure of intimate visual material, or the promotion thereof, is when one person publicly shares the images or other visual material of another person that are sexual in nature and considered private. This is classified as a state jail felony under Texas law.
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Texas Law & Unlawful Disclosure Offenses
A person commits this offense if:
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- Without the consent of the depicted person, and with intent to harm that person, a person discloses pictures of another person’s sexual organs or images of them engaged in sexual conduct;
- At the time of the disclosure, the person disclosing the images knew that these visual-material was intended to remain private;
- The disclosure of the visual material causes harm to the depicted person; AND
- The disclosure of the visual material reveals the identity of the depicted person in any manner.
A person commits this offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person’s intimate areas or them engaged in sexual conduct, and the person disclosing the material makes a threat in return for not making the disclosure of the visual-material.
A person commits this offense if a person discloses sexually intimate visual-material of another person on a website or public forum that is owned or operated by the person making the disclosure.
Understanding Defense Strategies
- It is NOT a Defense to prosecution that the person depicted in the visual material created or consented to the making of the material, nor that they voluntarily transmitted the material to the person making the disclosure.
- It is a Defense to Prosecution if the disclosure was made in the course of law enforcement, medical treatment, reporting unlawful activity, or a legal proceeding.
- It is a Defense to Prosecution if the material that was disclosed was a voluntary exposure of the person’s visually-intimate material in a commercial or public setting.
Criminal Penalties Associated with the Unlawful Disclosure of Intimate Visual Material
Unlawful Exposure or Promotion of Intimate Visual Materials is a State Jail Felony, carrying a range of punishment of 6 months to 2 years in a State Jail Facility and up to a $10,000 fine. It should also be noted that if these materials contain images of a minor, a person may also be prosecuted under other sections of the Texas Penal Code.
Accused of Unlawfully Disclosing Private Images in Texas?
Call Jack B. Carroll & Associates Today!
If you’re the subject of an investigation or are facing criminal charges for Unlawful Disclosure or Promotion of Intimate Visual Materials, Houston sex crimes lawyer Jack B. Carroll urges you to arrange a meeting as soon as possible and we’ll review your case thoroughly.
Serious criminal cases and investigations are best left in the hands of professional criminal defense lawyers. Preferably, those who are well-versed in criminal law, executing legal strategies, assuring that any law enforcement investigations are fair, and more important than anything else, winning your case. With an experienced sex crimes lawyer, you’ll have a better chance to avoid the penalties and social stigma connected with any criminal charges of a sexual nature.
Jack B. Carroll is a seasoned Houston criminal defense attorney who is also Board Certified® in criminal law by the Texas Board of Legal Specialization, a distinction earned by a small percentage of Texas lawyers. If you’re ready to consult with a proven winner, call 713-228-4607 or message our legal team by clicking or pressing here.
Resources
- Texas Penal Code Chapter 21: Sexual Offenses
- Houston Chronicle: Texas Sex Abuse Exonerations
- HPD: Sex Crimes Division
- Reason: False Sex Crime Accusations Destroys Family, Legally
- Harris County DA: Victim Resources
- Office for Victims of Crimes