Revenge Porn Laws in Texas (2026): Your Rights and What to Do

If someone in Texas shared an intimate photo or video of you without your permission, that is a crime and it is also something you can sue over. Texas has had a dedicated intimate-image law since 2015, it survived a constitutional challenge and was rewritten in 2019, and in 2023 the legislature extended it to AI-generated deep fake videos. This page explains what the law actually covers, what the penalties are, what a civil claim looks like, and the practical steps to take today.

Texas at a Glance

Statute: Unlawful Disclosure or Promotion of Intimate Visual Material — Tex. Penal Code § 21.16
Criminal classification: State jail felony
Maximum penalty: 180 days to 2 years in a state jail facility and a fine up to $10,000
Can you sue?: Yes — Tex. Civ. Prac. & Rem. Code ch. 98B
Time limit to sue: Generally two years under Tex. Civ. Prac. & Rem. Code § 16.003; Chapter 98B does not state its own deadline
Deepfakes / AI images: Covered

Is Revenge Porn Illegal in Texas?

Yes. Texas Penal Code section 21.16 makes it an offense to disclose intimate visual material of another identifiable person without their consent, where the material was obtained or created in circumstances in which the person had a reasonable expectation that it would remain private, and where the disclosure causes harm. Promoting that material and certain threats to disclose it are also covered by the section.

Consenting to an image being made is not the same as consenting to its disclosure. A person can also be identifiable through information shown with the material rather than their face alone. The current statute includes knowledge requirements that must be assessed on the facts of each case.

Penalties for Unlawful Disclosure in Texas

An offense under section 21.16 is a state jail felony. Texas Penal Code section 12.35 provides a punishment range of 180 days to two years in a state jail facility and a fine of up to $10,000.

Separate or additional charges may apply where the conduct also involves stalking, harassment, extortion, or a minor. The separate sexually explicit deepfake offense in section 21.165 is a Class A misdemeanor; that classification does not apply to section 21.16.

Can I Sue in Texas?

Yes. Chapter 98B of the Texas Civil Practice and Remedies Code creates a civil action for unlawful disclosure or promotion of intimate visual material. It permits actual damages, including mental anguish, exemplary damages, court costs, reasonable attorney fees, and injunctive relief.

Chapter 98B does not contain its own express filing deadline. Texas's general two-year rule in section 16.003 is commonly treated as relevant, but the applicable deadline can depend on the claim and facts. Get advice from a Texas attorney promptly.

Does Texas Law Cover Deepfakes and AI Images?

Yes. Penal Code section 21.165, effective September 2023, makes knowingly producing or distributing certain sexually explicit deepfake videos without the depicted person's consent a Class A misdemeanor.

Federal law also covers qualifying nonconsensual intimate depictions, including digital forgeries, and imposes a notice-and-removal process on covered platforms.

What to Do Right Now If Your Images Were Shared in Texas

1
Preserve the Evidence Before Anything Else
Screenshot the post, the profile, the URL and any messages, and save them somewhere the other person cannot reach. Do not delete the conversation. Note dates and times. Evidence disappears fast once the poster realises you have seen it.
2
Report It to the Platform
Every major platform has a dedicated non-consensual intimate imagery report route, and under the TAKE IT DOWN Act covered platforms must action a valid request within 48 hours. Keep the reference numbers.
3
Use StopNCII.org
StopNCII creates a digital fingerprint (hash) of the image on your own device and shares only the hash with participating platforms so they can block re-uploads. Your image is never uploaded. It works pre-emptively too, before anything is posted.
4
Report to Texas Law Enforcement
File with your local police department or sheriff, citing Penal Code 21.16 by name so the report is coded correctly. You can also contact the Texas Attorney General and, for support, the Texas Advocacy Project legal line.
5
Talk to a Civil Attorney About Chapter 98B
A Chapter 98B claim can get damages and a takedown order even where prosecutors decline. Many Texas firms handle these on contingency. Do this early - the limitations clock is short.

Be Safer With a Written NDA as Evidence

Most of Texas's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

Create a free agreement

Texas: Frequently Asked Questions

Is revenge porn a felony in Texas?

Yes. An offense under Penal Code section 21.16 is a state jail felony, punishable by 180 days to two years in a state jail facility and a fine up to $10,000. The separate deepfake-video offense in section 21.165 is a Class A misdemeanor.

What if I sent the photo willingly?

It makes no difference to the offense. Texas law turns on whether you consented to the disclosure, not to the photograph. Sending an intimate image to one person in confidence is not consent for that person to share it with anyone else.

Can I sue if the police will not press charges?

Yes. Chapter 98B gives you an independent civil claim with a lower standard of proof, and it can deliver damages plus a court order requiring removal.

Does Texas cover threats to share images?

Yes. Section 21.16(d) makes it an offense to threaten disclosure to obtain a benefit or in return for not disclosing. That covers most sextortion scenarios.

Are AI-generated fakes of me covered?

Yes, since September 2023. Penal Code 21.165 covers sexually explicit deep fake video of an identifiable person made or shared without consent, and federal law now adds a removal obligation for platforms.

Sources

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This page provides general information about Texas law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Texas. Last reviewed August 2026.