Unlawful Disclosure or Promotion of Intimate Visual Material
WHAT IS Unlawful Disclosure OR PROMOTION OF INTIMATE VISUAL MATERIAL?
The laws regarding the unlawful disclosure or promotion of intimate visual material restrict what an individual is allowed to do with another person’s photos when a depiction nudity or sexual content exists. The act of sharing these photos is also known as revenge porn.
Facing charges for the unlawful disclosure or promotion of intimate visual material entails allegations that an individual shared or promoted visual content of another person’s intimate parts or engaging in sexual activity.
Promotion and Disclosure Laws PROHIBIT THE FOLLOWS ACTS RELATED TO SEXUAL CONTENT:
- Manufacturing
- Selling
- Sharing
- Transmitting
- Publishing
- Exhibiting
- Advertising
- And/or Other Forms of Distribution
You can also face these charges for offering or agreeing to do any of the aforementioned actions with this visual content
IS THIS THE SAME AS Revenge Porn?
Revenge porn, which is becoming more and more common, generally refers to the sharing or transmitting of sexual images or vides or sexual acts with the clear intent to hurt, humiliate, or disturb the person being represented. Texas law provides for both potential civil and criminal liability for acts of revenge porn.
WHAT CONSTITUTES Sexual Images AND/OR NUDITY FOR THESE CHARGES?
The law prohibits sharing or transmitting any images that depict another person’s intimate parts, including genitals, pubic region, anus, buttocks, or female nipples.
Images depicting sexual conduct are defined as content that depicts sexual contact, actual or simulated sexual intercourse, bestiality, masturbation, or sadomasochistic abuse.
ELEMENTS OF Unlawful Disclosure OR PROMOTION OF INTIMATE VISUAL MATERIAL
Several elements must exist for an individual to face legitimate charges for the unlawful disclosure or promotion of intimate visual material.
The law states this offense Is applicable If:
- The individual does not provide their consent to share photos depicting their intimate parts or engagement in sexual conduct.
- The individual depicted had reasonable expectations that the images would remain private.
- The disclosure of the material causes (or is intended to cause) harm to the individual depicted.
- The visual content reveals the identity of the individual depicted in any manner.
The most common example of the unlawful disclosure or promotion of intimate visual material is when an individual shares photos of an ex-lover after a breakup.
ELEMENTS OF Unlawful Disclosure or Promotion OF INTIMATE VISUAL MATERIAL
Several elements must exist for an individual to face legitimate charges for the unlawful disclosure or promotion of intimate visual material.
The law states this offense Is applicable If:
- The individual does not provide their consent to share photos depicting their intimate parts or engagement in sexual conduct.
- The individual depicted had reasonable expectations that the images would remain private.
- The disclosure of the material causes (or is intended to cause) harm to the individual depicted.
- The visual content reveals the identity of the individual depicted in any manner.
The most common example of the unlawful disclosure or promotion of intimate visual material is when an individual shares photos of an ex-lover after a breakup.
WHAT IF THE PERSON SENT THE SEXUAL PHOTOS TO ME?
It is still illegal to share, distribute, promote, etc. sexual and/or nude photos of another person even in cases when the individual sent the content directly to you. Legally, this does not constitute permission to share these images or video content.
It is unlawful to disclose or promote any sexually explicit visual content if the individual depicted does not provide consent. This also applies to situations when the defendant has reason to believe the individual depicted in the content did not provide consent for the material to be disclosed.
What are Additional Charges for the Disclosure of Photos?
An individual may also face several additional related charges in cases involving the illegal distribution of intimate visual content.
It is also illegal to use threats of distributing or promoting visually explicit material. For example, an individual uses threats of exposing sexual or nude visual content in exchange for compliance from the individual depicted.
This situation only applies to cases when the individual making the threats would benefit from the compliance received by these threats of disclosure. This could potentially result in an additional charge of blackmail.
GALLIAN FIRM WILL DEFEND YOU AGAINST REVENGE PORN CHARGES OR SEXUAL CRIME CHARGES
If you are facing charges for revenge porn or unlawful disclosure or promotion of intimate visual material in Dallas or surrounding areas, calling an aggressive criminal defense lawyer to fight for you is an absolute necessity.
Gallian Firm has a track record of success in these cases. There are many strategies that Gregg Gallian, as a former prosecutor, can use that other defense attorneys do not understand. It is imperative if you have been charged with revenge porn or sexual crimes that you reach out and call (214) 432-8860 as soon as possible for a free case review and consultation with Gallian Firm. You will be glad you made the call.
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Reach out to Gallian Firm today to speak with a legal professional about the circumstances of your drug conspiracy or other drug-related case. You can submit a form online or call 214-432-8860 to get started.
Gallian Firm are federal criminal defense attorneys who will aggressively defend you. Their experience will serve you in protecting yourself.
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