Revenge Porn Civil Remedy CPRC Chapter 98B

Evidence Types in Stalking Cases

Revenge Porn Civil Remedy Under CPRC §98B prosecutions rely heavily on electronic evidence: text messages, social-media posts and direct messages, email, location data, surveillance video, and phone records. The defense's foundation work in a CPRC Chapter 98B civil claim is rigorous review and authentication of every piece of evidence the State intends to use.

Counsel should request preservation letters and discovery for the complete communication record — not just the messages the State has highlighted. Selective excerpts often misrepresent the full course of communication. Where the defendant and complainant exchanged hundreds of messages, the prosecutor's curated selection of 10 to 20 messages may strip away context that supports the defense.

Cell-site location data, third-party application records (Snapchat, Instagram, WhatsApp), and ISP records are all subject to preservation deadlines that run quickly. Counsel should serve preservation letters within days of taking the case, and should issue subpoenas where the defense is entitled to do so. Late-preserved evidence may be permanently lost.

Protective Order Overlap

Revenge Porn Civil Remedy Under CPRC §98B matters often coincide with civil protective-order proceedings under Texas Family Code Chapter 85 or Code of Criminal Procedure Chapter 7B. The protective-order hearing typically occurs within weeks of the filing — long before any criminal case proceeds to trial. The defense's approach to the protective-order hearing affects the criminal case in important ways.

For a CPRC Chapter 98B civil claim, statements made by the defendant at the protective-order hearing can be used in the criminal case. The protective-order hearing's evidentiary rules are more relaxed than the criminal trial's. The standard of proof is lower (preponderance vs. beyond reasonable doubt). The defendant may face the choice between testifying to defeat the protective order and preserving silence to protect the criminal defense.

Counsel should coordinate the protective-order defense with the criminal defense from the start. In some cases, agreeing to a limited protective order may be preferable to a contested hearing that creates a record harmful to the criminal case. In others, contesting the protective order vigorously may produce a no-finding outcome that supports the criminal defense at trial.

The CPRC Chapter 98B Civil Cause of Action

Texas Civil Practice and Remedies Code Chapter 98B provides a civil cause of action for unlawful disclosure of intimate visual material. The civil remedy is independent of the criminal statute (§21.16) and provides specific remedies including actual damages, statutory damages, attorney fees, and injunctive relief.

The civil claim has different elements than the criminal offense. The civil claim requires the depicted person did not consent to the disclosure and the disclosure caused harm. The criminal offense additionally requires intent to harm. The civil claim's lower mens rea makes it easier to prove than the criminal case.

Defense workflow in civil 98B cases focuses on consent, damages, and identification. Where the depicted person consented to the disclosure (even informally), the claim fails. Where the damages are speculative or unsupported, the recovery may be limited. Where identification of the discloser is contested, the claim may not stand against the defendant.

Damages Framework Under 98B

Chapter 98B provides specific damages categories. Actual damages include economic losses (lost wages, professional consequences, treatment costs) and noneconomic losses (emotional distress, reputation harm). Statutory damages include amounts specified by the statute regardless of actual harm. Exemplary damages may be available where the conduct was particularly egregious.

The damages calculations can be substantial. Cases involving widespread disclosure, significant reputation harm, or professional consequences can produce verdicts in six or seven figures. Defense workflow examines the specific damages claimed and challenges any that lack adequate support.

Attorney fees are available to prevailing parties. Where the plaintiff prevails, the defendant pays the plaintiff's reasonable attorney fees in addition to other damages. Where the defendant prevails, attorney fees may also be available depending on the specific procedural posture.

Injunctive Relief and Removal Orders

Chapter 98B authorizes injunctive relief including orders to remove disclosed content from internet platforms. The orders can require the defendant to remove content from accounts under the defendant's control, to take down content posted to public platforms, and to refrain from future disclosure.

The injunctive remedy interacts with platform takedown procedures. Many platforms have their own takedown procedures that the plaintiff can pursue independently of the litigation. The court order can support and accelerate the takedown process.

For content that has spread beyond the defendant's direct control, the injunctive remedy may be incomplete. Once content is republished by third parties, the defendant cannot remove it. Defense workflow examines whether the disclosure spread beyond the defendant's control and what remedy is realistic.

Coordination With Parallel Criminal Cases

Civil 98B claims often arise alongside criminal §21.16 prosecutions. Statements made in the civil case can be used in the criminal case and vice versa. The Fifth Amendment privilege applies in both forums but has different consequences in each.

Defense workflow examines the sequencing of the cases. Civil cases often move faster than criminal cases. Statements made in civil discovery, deposition testimony, and trial testimony can be used in the criminal case. The defendant may need to invoke the Fifth Amendment in the civil case, which can produce adverse inferences.

Settlement of the civil case may include conditions affecting the criminal case. Provisions about cooperation with prosecution, public statements, and admissions all interact with the criminal exposure. Defense workflow examines settlement terms carefully for criminal implications.

Where the criminal case is concluded first, the civil case may be affected. A criminal conviction can be used in the civil case as evidence of the unlawful disclosure. A criminal acquittal does not bar the civil case but may support the defense.

Practical Checklist

• Document everything early. Communications, records, and witness contact information lose value as time passes. Preserve them at the start of the case.
• Identify all parallel proceedings. Criminal, administrative, civil, and regulatory tracks often run in parallel. A statement in one becomes evidence in another. Map the full picture before any disclosure.
• Calendar every deadline. Filing deadlines, response deadlines, discovery deadlines, and hearing dates all have consequences. Missing a deadline can foreclose defenses that the facts otherwise support.
• Build the mitigation package early. Witness letters, treatment records, employment verification, and character references take time to gather. Counsel should begin building the package at the first consultation, not as the hearing approaches.
• Coordinate counsel across forums. Where the matter implicates multiple proceedings, having coordinated counsel (whether one firm or multiple firms in close communication) avoids the strategic errors that inconsistent representation creates.
• Understand the public-record dimension. Many dispositions create searchable records that follow the licensee, defendant, or respondent for years. The decision to contest versus resolve must account for the public visibility of each path.

For a confidential evaluation of your matter, call L&L Law Group at (972) 370-5060 or email info@landllawgroup.com. Initial consultations are free.