Unlawful Disclosure or Promotion of Intimate Visual Material

Chapter 21 of the Texas Penal Code sets restrictions and guidelines regarding sexually based offenses in the state of Texas.

“Unlawful Disclosure or Promotion of Intimate Visual Material”, as per § 21.16 of the Texas Penal Code, occurs when:

A person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:

in return for not making the disclosure; or
in connection with the threatened disclosure.

Or, a person commits an offense if, knowing the character and content of the visual material, the person promotes visual material previously on an Internet website or other forum for publication that is owned or operated by the person.

"Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.

"Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

"Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.

"Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.

"Visual material" means:

any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or
any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

An offense under this section constitutes a state jail felony and is punishable by confinement in a state jail for a period ranging 180 days to 2 years, as well as a fine of up to $10,000.

Punishment Range

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

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