Revenge Porn Laws in Texas: What Victims Need to Know in 2026
Texas enacted its revenge porn statute in 2015, providing victims with both criminal and civil remedies. Here is what you need to know about your rights if you are dealing with non-consensual intimate images in the Lone Star State.
What Texas Law Says
Texas Penal Code Section 21.16, known as the Unlawful Disclosure or Promotion of Intimate Visual Material statute, makes it a Class A misdemeanor to intentionally disclose intimate visual material without the depicted person's consent. Penalties include up to one year in county jail and a fine of up to $4,000. The original 2015 law was struck down in 2018 by the Texas Court of Criminal Appeals in Ex parte Jones on First Amendment grounds because it did not require intent to harm. The Texas Legislature responded by amending the statute in 2019 to add an intent-to-harm element, which restored its enforceability. Texas Civil Practice and Remedies Code Section 98B also allows victims to file civil lawsuits seeking actual damages, statutory damages of up to $10,000, and attorney fees.
What Counts as Revenge Porn in Texas
Under Texas law, intimate visual material includes images or video showing a person engaged in sexual conduct or with exposed intimate parts. The material must have been obtained under circumstances where the person had a reasonable expectation of privacy. The disclosure must be intentional, without the depicted person's effective consent, and made with the intent to harm the person depicted. Material that was recorded in public or voluntarily shared publicly by the subject is generally excluded. The law applies regardless of whether the depicted person originally consented to the creation of the material.
How to Report
Victims in Texas should take immediate action to build a strong case. Document all instances of the intimate material online, capturing screenshots with visible URLs and timestamps. File a police report with your local police department or county sheriff, referencing Penal Code Section 21.16. Contact the county District Attorney or County Attorney's office to discuss criminal prosecution. For civil remedies, consult with a Texas attorney experienced in privacy or internet law about filing under Civil Practice and Remedies Code Section 98B. Preserve all communications with the perpetrator, including texts, emails, and social media messages, as these can help establish the intent-to-harm element.
Limitations of Criminal Law
Texas's revenge porn law has faced legal challenges, and the intent-to-harm requirement can make prosecution difficult. Prosecutors must demonstrate that the person who shared the images specifically intended to cause harm, not merely that harm resulted. Cases involving anonymous perpetrators or content shared through overseas platforms create significant jurisdictional hurdles. Criminal proceedings in Texas can take many months, and during that time, intimate images may continue to spread online. A conviction does not come with a court order to remove content from the internet, meaning images can remain accessible indefinitely without separate removal action.
Removing the Content
Even after a criminal case concludes, the images do not disappear on their own. Victims must actively pursue content removal across every platform. The TAKE IT DOWN Act requires social media platforms and websites to remove reported NCII within 48 hours. StopNCII.org provides a free tool to generate hashes of intimate images that participating platforms use to prevent re-uploads. For comprehensive removal across multiple sites, IntimaShield offers professional takedown services that go beyond individual platform requests. IntimaShield handles DMCA filings, direct outreach to hosting providers, and escalation through payment processors and search engine de-indexing when platforms are unresponsive. Given the speed at which content spreads, acting quickly with professional support significantly reduces long-term exposure.
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