Skip to content
A Member of the Law Professor Blogs Network

The Texas 12th District Court of Appeals has held Texas Penal Code 21.16(b) unconstitutional. The section reads: 

A person commits an offense if:
(1) without the effective consent of the depicted person, the person intentionally discloses
visual material depicting another person with the person’s intimate parts exposed or engaged in
sexual conduct;
(2) the visual material was obtained by the person or created under circumstances in
which the depicted person had a reasonable expectation that the visual material would remain
private;
(3) the disclosure of the visual material causes harm to the depicted person; and
(4) the disclosure of the visual material reveals the identity of the depicted person in any
manner[.]

Link to the ruling here (courtsey of the blog Simple Justice).