Penal Code · §21.16
Unlawful Disclosure of Intimate Visual Material
Elements
- A person without the effective consent of the depicted person
- Intentionally discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct
- The depicted person had a reasonable expectation that the visual material would remain private
- The disclosure causes harm to the depicted person
- The disclosure reveals the identity of the depicted person in any manner
Penalty
State jail felony — 180 days to 2 years state jail + up to $10,000 fine (§12.35).
Enhancements
Promotion of intimate visual material (§21.16(d)) is a Class A misdemeanor. If the depicted person is under 18, may also constitute child pornography under §43.26 (3rd or 2nd degree felony) or sexual performance by a child under §43.25.