Houston-area attorney Matt Sharp was featured on a local news broadcast earlier this month for his legal expertise in “revenge pornography.” The case in the report involved the son of a Texas senator who was arrested in Travis County on revenge porn-related charges.
So, what is revenge porn?
“The person has to intentionally threaten someone to disclose intimate visual materials—nude photographs, things like that. There has to be some benefit that the person making the threat is seeking to obtain,” explained Sharp.
Posting someone’s intimate photos or videos on the internet without their permission or texting a picture to a third party is also considered revenge porn. Engaging in revenge porn is illegal in 48 states.
Court documents obtained by FOX 7 Austin state that Matthew Schwertner, 21, allegedly texted the victim, saying that if she did not return certain items that he had purchased for her during their relationship, he was going to send an intimate photo of her to her sisters and mother.
Documents state the victim asked Schwertner why he still had the image of her, and Schwertner allegedly texted, “In case you acted like a 2 year old.”
The victim told police the messages continued even after she asked him to stop contacting her. FOX 7 reported that one text stated, “It’s ok ur a poor Mexican what can one expect.”
Sharp told FOX 7 Austin that revenge porn situations like this one “happen all the time… a lot of times, the women just want it to go away, they don’t want to bother with going to the cops, so they don’t.”
But Schwertner’s ex-girlfriend did, and he was arrested for harassment and threatening to publish intimate visual material. His father, Texas Senator Charles Schwertner, voted to make this crime a serious offense in 2015. Senator Schwertner wasn’t an author of the bill, but he did vote for it, and it passed the Texas Senate unanimously.
What is the penalty for revenge porn in Texas?
A conviction of unlawful disclosure of intimate visual material is a state jail felony in Texas, with potential punishments of 180 days to 2 years in jail and a fine of up to $10,000.
Additionally, those convicted of revenge porn will have a criminal record, which could impact their ability to find employment, secure housing and qualify for certain professional licenses, among other consequences.
How common is revenge porn?
According to the Cybersmile Foundation, about 38% of men and 35% of women have participated in the sending of explicit images to their partners, and upwards of 94% trust that their intimate pictures are safe in their partners’ possession.
They state that about 10% of ex-partners have threatened to expose intimate pictures of their ex-partners, with a little more than half of those making the threats actually following through.
For further reading on this topic, the National Library of Medicine has posted an extensive study conducted on the prevalence and impact of revenge pornography.
If you or a loved one is being threatened with revenge porn or any other criminal activity, call the Houston Police Department at (713) 844-3131. If you’ve been accused of posting or texting revenge porn, contact experienced Houston criminal defense attorney Matt Sharp today for a free consultation. Don’t hesitate to protect your rights when your freedom and reputation are on the line.
