Houston Revenge Porn Lawyer
In recent years, there has been an increase in revenge porn investigations and charges in Texas, largely due to the increasing use of social media. In response to the changing culture, the Texas legislature has introduced new laws to govern such issues. Because sex crimes are a serious offense in the state, speaking with an experienced revenge porn lawyer can be incredibly valuable if you are facing accusations.
At the Law Office of Nathaniel Pitoniak, we represent individuals who are facing a revenge porn investigation or prosecution. By leveraging our experience and breadth of legal knowledge, we have been able to effectively reduce charges or secure dismissals for our clients. Being accused of a sex crime is terrifying, but there are options available to you. To schedule a consultation with a revenge porn lawyer, consider contacting our Houston office at (832) 315-6283 today.
What is Revenge Porn?
Revenge porn involves the distribution of sexually explicit photographs and/or videos of individuals without their consent. This content may be used as a form of retaliation or as blackmail by a current or former romantic partner, with the goal of causing distress or humiliation. The term revenge porn can also refer to the nonconsensual distribution of pornographic material by hackers or individuals seeking a benefit.
Is Revenge Porn a Crime in Texas?
Yes, revenge porn is a crime in the state of Texas. Section 21.16 of the Texas Penal Code sets forth the laws associated with this offense, which is legally regarded as unlawful disclosure or promotion of intimate visual material. Under the law, it is illegal to:
- Disclose visual material depicting another person exposing their intimate body parts or engaging in sexual conduct, if the person created or shared the material with the expectation that it would remain private, and the disclosure of the material reveals their identity in any way; or
- Intentionally threaten to disclose visual material depicting another person exposing their intimate body parts or engaging in sexual contact, with the intention of benefiting from the disclosure of their material; or
- Promote such visual material on an Internet website or other forum for publication that is owned or operated by the person
It is important to note that the law refers to the intimate body parts of a person, which include their naked genitalia, pubic area, buttocks, anus, or female nipple. An experienced revenge porn lawyer can help you understand the intricacies of this law, which is quite extensive and complicated in nature.
What Are the Penalties for a Revenge Porn Charge?
Texas law classifies revenge porn as a class A misdemeanor, which is the most severe misdemeanor offense in the state. Those convicted under a class A misdemeanor charge face the following penalties, pursuant to Section 12.21 of the Texas Penal Code:
- Up to $4,000 in fines; and/or
- A maximum of one year in jail
Additionally, a person who serves jail time due to a class A misdemeanor conviction will have a criminal record. This can have life-changing consequences, making it important to vigorously defend against revenge porn charges.
How Do You Fight Revenge Porn Charges?
When facing revenge porn charges, you may feel backed into a corner and unable to fight for your innocence. Fortunately, this is not the case. There are legal strategies that are used by revenge porn lawyers to defend those accused of the crime in Texas. At the Law Office of Nathaniel Pitoniak, our team tailors unique defense strategies to fit the needs of the individual client and their case. By avoiding the cookie cutter defense tactics, we are able to secure a better outcome for those facing revenge porn charges in Texas.
Some of the strategies that may be utilized by our office to fight revenge porn charges include:
- Reason for disclosure or promotion: If the content was disclosed or promoted for legal or medical reasons, this is a viable defense to prosecution. This may occur when reporting unlawful activity or in a legal proceeding if the disclosure or promotion of the material was required by law.
- Location: If the material depicts the person’s voluntary exposure of their intimate parts or engagement in sexual conduct in a public or commercial setting, this can be used as a defense against revenge porn charges.
- Burden of evidence: To secure a revenge porn charge, the prosecution must meet the burden of evidence. This means that they must prove every necessary element of the crime. If they cannot, the case may be dropped. For instance, if the prosecution cannot show that the victim believed that the material would remain private or if the material was distributed accidentally, the charges may not hold up. A revenge porn lawyer can help you better understand what these elements are and if this defense applies in your case.
It is important to consider seeking legal assistance from an experienced revenge porn lawyer. The law surrounding this issue is complex and defending against revenge porn charges is not easy. A knowledgeable attorney will understand how to navigate these charges and employ defense strategies that work to reduce charges or secure a dismissal of the case.
Contact an Experienced Revenge Porn Lawyer at the Law Office of Nathaniel Pitoniak
Being convicted of a sex crime can have a disastrous impact on your future and livelihood. When facing revenge porn charges in Texas, having a skilled and experienced attorney in your corner can make a major difference in the outcome of your case. With dedicated legal counsel advocating for your rights, it is possible to minimize the consequences associated with revenge porn in Texas.
Our office has handled numerous revenge porn cases, securing lower charges and dismissals for our clients. We have dedicated our practice to defending the rights of individuals charged with criminal offenses, positioning us as a leading law firm in Houston, Texas. If you are facing accusations or criminal charges for distributing or promoting revenge porn, consider contacting the Law Office of Nathaniel Pitoniak today at (832) 315-6283 for a consultation with an experienced revenge porn lawyer.
