Unlawful Disclosure of Intimate Visual Material
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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.
Table of Contents
The §21.16 statute
Penal Code §21.16 has multiple offense theories:
(b) Disclosure. A person commits an offense if disclose visual material depicting another person, or another person's genitals or other private body parts, that:
- The other person did not consent to the disclosure, AND
- The visual material was obtained with reasonable expectation of privacy, AND
- The disclosure causes harm to the other person, AND
- The disclosure reveals identity of the other person
Class A misdemeanor base.
(c) Promotion or threat. Promotion (publishing for commercial purposes) or threatening to disclose: state jail felony.
Civil remedies also available under separate Texas civil statutes.
Common scenarios
Typical cases:
Post-relationship disclosure. Most-prosecuted scenario. Former partner disclosing intimate material from past relationship.
Hacked or unauthorized obtained material. Material obtained through hacking, theft, or deception, then disclosed.
Sextortion threats. Threats to disclose if recipient doesn't pay or perform sexual acts. Often combined with theft by coercion charges (§31.03 + coercion definition).
Commercial promotion. Selling or commercially distributing intimate material without consent. State jail felony level.
Online forum sharing. Posting to revenge porn sites or sharing on social media.
Defense framework
Defenses:
Consent. Where the depicted person consented to disclosure (publicly published material, consensually shared, etc.), the case fails. Consent analysis is fact-specific.
No expectation of privacy. Material obtained in public contexts, or where reasonable expectation of privacy never existed, doesn't qualify.
Lack of harm. The statute requires harm to the depicted person. Where no harm is shown, this element fails.
Identity not revealed. The disclosure must reveal identity. Anonymous postings without identifying information may not qualify.
First Amendment. Some disclosures may have constitutional protection (artistic expression, news reporting on public officials). The line is fact-specific.
Identity of poster. Anonymous posts require establishing defendant as source.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In 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.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Can I be charged for sharing material that was already public?
Possibly. The statute focuses on disclosure with the other person's lack of consent to that specific disclosure. Material previously made public by the other person typically doesn't support charges. Material obtained from earlier private context, even if subsequently public, may still be covered.
What about screenshots of social media intimate posts?
Material the depicted person posted publicly is generally not covered. Material posted to limited audiences (private accounts, group chats) may be covered if shared more broadly without consent. The reasonable expectation of privacy element is the key factual question.
Is sextortion the same as this offense?
Related but different. Sextortion (threatening to disclose unless paid or coerced) typically combines §21.16 (or threats thereof) with theft by coercion (§31.03 + coercion). The combined exposure is substantial. Federal sextortion statutes may also apply.
Can civil lawsuits be filed for revenge porn?
Yes. Texas Civil Practice & Remedies Code §98B.002 creates civil cause of action for unlawful disclosure of intimate visual material. Damages include actual damages, statutory damages, attorney's fees, and injunctive relief. Civil litigation often proceeds parallel to or instead of criminal prosecution.
Will a conviction require sex offender registration?
Generally no for the base §21.16 offense. The offense is not on the standard registration list under Code of Criminal Procedure ch. 62. However, related offenses (sexual assault, online solicitation) often charged alongside may trigger registration.
