Texas unlawful disclosure of intimate visual material (revenge porn)
Texas unlawful disclosure of intimate visual material (revenge porn) is a criminal offense under Penal Code § 21.16. Base conduct is classified as a Class A misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 21.16 (Texas' revenge porn statute) criminalizes disclosing intimate visual material of another person without consent when (1) the depicted person had a reasonable expectation of privacy, (2) disclosure caused harm to the depicted person, and (3) the disclosure reveals identifying information about the depicted person. The statute was sig
Classification: Class A misdemeanor
Punishment range: Up to 1 year county jail and up to $4,000 fine
The controlling statute
Texas Penal Code § 21.16 (Texas' revenge porn statute) criminalizes disclosing intimate visual material of another person without consent when (1) the depicted person had a reasonable expectation of privacy, (2) disclosure caused harm to the depicted person, and (3) the disclosure reveals identifying information about the depicted person. The statute was significantly tightened after *Ex parte Jones*, 596 S.W.3d 374 (Tex. App.—Houston 14th Dist. 2020), to address First Amendment concerns.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 21.16 |
| Cluster | Sex Crimes / Indecency |
| Classification | Class A misdemeanor |
| Range | Up to 1 year county jail and up to $4,000 fine |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 21.16 charge, the State must prove every element beyond a reasonable doubt:
- Defendant disclosed visual material depicting another person
- Material was intimate (sexual conduct or intimate parts exposed)
- Disclosure was without effective consent
- Depicted person had a reasonable expectation of privacy
- Disclosure caused harm AND revealed identifying information
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Unlawful Disclosure of Intimate Visual Material (Revenge Porn) case:
- No reasonable expectation of privacy — material was created in public or already public
- Consent — express, implied, or by conduct (sharing material to third parties)
- Material does not depict "intimate visual material" as defined
- No identifying information revealed alongside the disclosure
- First Amendment challenges (overbreadth, vagueness, content-based regulation)
- Disclosure made in connection with a lawful proceeding or law enforcement
Enhancements & collateral consequences
A FELONY version exists under § 21.16(d) when disclosure is committed via a website or by repeated disclosures — state jail felony. Civil remedies under Civil Practice & Remedies Code Chapter 98B also apply.
Key Legal Terms
- Intimate Visual Material (§ 21.16(a)(1))
- Visual material depicting another person engaged in sexual conduct OR with the person's intimate parts exposed — including genitals, buttocks, anus, female breasts (post-puberty).
- *Ex parte Jones*, 596 S.W.3d 374 (Tex. App.—Houston 14th Dist. 2020)
- Houston Court of Appeals decision striking down a prior version of § 21.16 on First Amendment grounds. The current statute was tightened to require harm + identifying information.
- Civil Remedies (CPRC Ch. 98B)
- Texas civil liability for revenge porn — actual damages, exemplary damages, attorney's fees, and injunctive relief. Independent of criminal prosecution.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is revenge porn under Texas law?
Is sharing nude photos illegal in Texas?
What is the penalty for revenge porn in Texas?
Can I sue for revenge porn in Texas civil court?
Does deleting the original photos protect me from § 21.16 charges?
References & Authoritative Sources
About the Authors
Charged with Texas Unlawful Disclosure of Intimate Visual Material (Revenge Porn)? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060