FOR YOUR EYES ONLY Revenge Porn: When Intimate Moments Become Public

Based on the Relationship Privacy Act in Section 21.16 of the Texas is Penal Code, "revenge porn" can be defined as "unlawful disclosure or at promotion of intimate visual materials." Note that the term "revenge h ge porn" is not a legal definition. W en ev ? The statute broadly defines visual materials as any film, photograph, R rn or physical medium that allows an image to be displayed on a video o screen (e.g. disk, electronic storage device, etc.). P REVENGE PORN IS A CRIME

PROMOTES VISUAL DISCLOSES MATERIAL VIA A VISUAL MATERIAL CLASS "A" FORUM OF WITHOUT CONSENT MISDEMEANOR PUBLICATION IF A PERSON:

Classic Revenge Porn Situation: Criminalizes conduct of people Rejected lover posts intimate that own or operate "forum[s] for photos of an "ex" on the internet publication" (e.g. internet after a break-up. THREATENS TO websites, magazines, etc.) where DISCLOSE VISUAL these materials are posted. OR MATERIAL Showing an intimate WITHOUT CONSENT photographic image to a friend What about in a private setting without an individual's consent. "sexting?" Blackmail Scenario: Person While sexting is not typically OR threatens to disclose visual considered "revenge porn," the images to obtain a benefit in A third-party discloses material statute may apply. The main return. consequence of "sexting" is that shown to him/her by another who did not have consent to recipients often share the Note: Benefit does NOT have to images with friends or others at distribute in the first place. be financial and need not benefit the actor directly. school or work, and the statute appears to apply to this disclosure.

NOTE: Unlawful disclosure or promotion of intimate visual materials could be charged as an isolated act, but other statutes may be applicable to these scenarios as well. (e.g. sexual and physical assault, online impersonation, etc.)

Request to have intimate private photos or videos removed from Google, Bing, and Yahoo. Victim of Call police and tell them that you want to press charges under the Texas REVENGE PORN? Relationship Privacy Act (Texas Penal Code Section 21.16).

Contact an internet lawyer with extensive experience in revenge porn cases to file a civil lawsuit.

Hutcherson, Kenton J., "Help is Available for Victims of Revenge Porn." (2017).

Sources Snipes, Michael and Wiles, Travis, "For Your Eyes Only" (2017)

Cyber Civil Rights Initiative, "Revenge Porn Laws" (2017), www.cybercivilrights.org/revenge-porn-laws/