Criminal Defense Sex Offenses
Unlawful Disclosure of Intimate Visual Material
Commonly referred to as "revenge porn," unlawful disclosure of intimate visual material is a criminal offense under Texas Civil Practice and Remedies Code § 98B.002 and Texas Penal Code § 21.16. It is illegal to intentionally disclose visual material depicting another person in an intimate or sexual manner without their consent, with the intent to harm them. These charges are increasingly common and carry real criminal consequences. Todd Rash provides experienced, discreet defense for clients facing these allegations throughout North and Central Texas.
Texas Law Penal Code § 21.16
Unlawful disclosure of intimate visual material is a state jail felony in Texas, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. The law requires that the disclosure be intentional and made without the consent of the person depicted, and that the accused knew or had reason to believe the person depicted had not consented to the disclosure. The law covers photos, videos, and other visual material.
Digital Evidence and Context
These cases turn almost entirely on digital evidence, including the content itself, how it was shared, and the communications surrounding the disclosure. Todd Rash retains IT professionals who can examine the metadata, transmission records, and account activity associated with the alleged disclosure. Context matters enormously: consent, the nature of the relationship, and the intent behind the disclosure are all central to the defense.
Civil and Criminal Exposure
Defendants in these cases face both criminal prosecution and civil liability. Texas law allows victims to sue for damages in addition to pursuing criminal charges. Todd Rash coordinates the criminal defense strategy with an awareness of the civil exposure, helping clients understand and manage both dimensions of their legal situation.
Potential Penalties
- › State jail felony (180 days to 2 years in state jail
- › Fine of up to $10,000
- › Civil liability for damages to the victim
- › Potential sex offender registration depending on circumstances
Possible Defenses
- › Consent of the person depicted
- › Lack of intent to harm
- › Material was not intimate or sexual in nature
- › Defendant did not disclose the material
- › Mistaken identity or unauthorized account access
- › Unconstitutional search or seizure of electronic devices
Frequently Asked Questions
Facing Unlawful Disclosure of Intimate Visual Material charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
Free Consultation(817) 808-2247Understanding the Cost of a Sex Offense Defense
Sex offense cases are among the most complex and resource-intensive in criminal law. Attorney fees are typically on par with murder and other serious felony charges a reflection of the time, preparation, and expertise required.
An effective defense often requires retaining outside experts: polygraph examiners, licensed psychologists for psychosexual evaluation, private investigators, and information technology professionals. These expert fees are separate from attorney fees and are the responsibility of the client.
Todd Rash will be straightforward with you about anticipated costs from your very first consultation.