Is Revenge Porn Really a Crime in Texas?

Revenge Porn

Rob Kardashian may need a bail bond soon. The brother of Kim Kardashian has been in the news for posting nude photographs of his girlfriend, Blac Chyna, on Instagram and accusing her of cheating on him with eight men in less than a month. While we’d rather know less than more about that whole seedy situation, it does bring up the question of whether or not you can go to jail in Texas for revenge porn.

Turns out you can! In 2015 the Texas Revenge Porn Law took effect and makes it a Class A misdemeanor to disclose or promote intimate visual material unlawfully.

The Texas Revenge Porn Law applies to any of the following acts:

  1. Showing or promoting the intimate parts of a person.
  2. Showing sexual or simulated conduct.
  3. Showing visual material, such as a photograph or videotape, or anything that can be used to put the material on a computer or screen.

You are committing a Class A misdemeanor if you show or promote a sexual act without the consent of the depicted person or if the person had a reasonable expectation that the visual material would remain private. The full list of what constitutes a crime of revenge porn in Texas is listed in Texas Penal Code – PENAL § 21.16. Unlawful Disclosure or Promotion of Intimate Visual Material on FindLaw.

If you are arrested for revenge porn in San Antonio, it is a Class A misdemeanor, and you’re going to need a bail bond to get out of the Bexar County Jail until you go to trial. In Texas, Class A misdemeanors are punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine, according to Texas Penal Code Ann. § 12.21. So you’re going to need a lawyer, too!

You can also get banned by Instagram – ouch!