How Federal Law Intersects With Texas Revenge Porn Law

 Posted on December 04, 2025 in Federal Crimes

Intentionally sharing private photos or videos of someone without their consent can lead to criminal charges. Depending on how and where the images were shared, the case may involve both state and federal law. When you are dealing with digital evidence or interstate communication, it can get much more complicated.

You need an experienced Collin County, TX revenge porn defense lawyer on your side. At The Crowder Law Firm, P.C., we handle state and federal sex crimes cases. We can help you fight the allegations against you with a strong defense strategy.

What Does Texas Law Say About Revenge Porn?

Under Texas Penal Code § 21.16, a person can face charges for intentionally disclosing or showing photos or videos that include another person who is nude or engaged in sexual activity when the disclosure is made without that person’s effective consent.

Prosecutors in these cases must show that the image was shared on purpose, the person in the image had a reasonable expectation that the material would remain private, and the person who shared it intended to harm the depicted person or knew — or should have known — that it would cause harm. Even forwarding or reposting a private image can fall under this law. In many situations, these cases are treated as Class A misdemeanors, which can result in fines and up to a year in jail. If more than one person is affected or there are previous offenses, the charge can be raised to a felony.

Are There Federal Laws That Apply to Revenge Porn?

There is no single federal law that directly uses the term "revenge porn." However, federal prosecutors may use other laws when online activity crosses state lines or involves major internet platforms. For example, 18 U.S.C. § 2261A is a federal law that addresses cyberstalking. It applies when someone uses electronic communication to harass, threaten, or cause substantial emotional distress. Federal investigators may rely on this law and other related laws in cases that involve threats, extortion, or online platforms that operate nationwide.

A revenge porn case that begins under Texas law can become a federal matter if the material or communication crosses state lines. For example, if the images were uploaded to a website hosted in another state or shared on a platform that operates across the country, federal prosecutors may become involved. Because most social media and web services connect people across state borders, the chances of overlapping with federal jurisdiction are high and something you should be mentally prepared for.

What Defenses Can Be Used in a Texas or Federal Revenge Porn Case?

The facts in your case directly impact what defense strategy will work best for you. However, some possible defenses include:

• Lack of intent: The image was shared accidentally or without awareness of its content.

• Consent: The person featured in the image agreed to its distribution.

• Mistaken identity: Another person may have used your phone, computer, or social media account.

• Unlawful search or seizure: The evidence was collected without proper legal authority.

Your attorney will question everything. Were your constitutional rights respected? Did the prosecution prove all elements of the offense? A knowledgeable attorney will ensure your case is evaluated fairly.

Schedule a Free Consultation With a Plano, TX Sex Crimes Defense Attorney

Allegations involving private or intimate material can have serious effects on your personal and professional life. Whether your case involves state charges, federal charges, or both, you need legal representation that understands both the technology and the law.

At The Crowder Law Firm, P.C., we have achieved over 300 not-guilty verdicts and acquittals for clients across Texas. If you are facing an investigation or charge related to intimate image sharing, contact a Collin County, TX revenge porn defense lawyer today at 214-544-0061 to schedule a free consultation. Se habla Español.