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Farrah Martinez

Farrah Martinez is a distinguished Houston personal injury attorney dedicated to fighting for individuals who deserve a powerful advocate in their corner. With a reputation built on relentless preparation, compassionate client service, and aggressive courtroom strategy, Farrah approaches every case with the dignity and respect her clients deserve, because she understands that choosing the right legal representation is one of the most important decisions you will ever make.

Texas Revenge Porn Laws: Your Rights, Your Remedies, and How to Fight Back

Has someone shared — or threatened to share — intimate images of you without your consent? What they did is illegal in Texas, and you have powerful legal options to stop them, hold them accountable, and recover compensation for the harm they caused.

At Her Injury Lawyer, Farrah Martinez represents victims of revenge porn and non-consensual intimate image (NCII) sharing across Texas. We pursue justice aggressively — while protecting your privacy, your reputation, and your dignity every step of the way.

Call 713-853-9296 for a free, completely confidential consultation.

What Is Revenge Porn Under Texas Law?

“Revenge porn” — more accurately called non-consensual intimate image sharing or image-based sexual abuse — occurs when someone distributes, posts, or threatens to share sexually explicit or intimate images of another person without their consent. This includes:

Photos or videos shared by a former partner after a breakup
Images obtained through hacking, theft, or deception
Secretly recorded videos from hidden cameras
AI-generated deepfakes using your likeness
Digitally altered images made to appear sexually explicit
Images shared as a tool of extortion or financial coercion (“sextortion”)

Texas law treats all of these as serious violations — carrying both criminal penalties and the right to pursue significant civil compensation.

Texas Criminal Law: What Ex Parte Jones (2021) Established

Texas Penal Code Section 21.16 — The Revenge Porn Statute

Texas was among the first states to criminalize non-consensual image sharing, and its courts have consistently strengthened victim protections over time.

The statute — Texas Penal Code Section 21.16, formally titled Unlawful Disclosure or Promotion of Intimate Visual Material — makes it a Class A misdemeanor to intentionally disclose intimate visual material without the depicted person’s consent, where that person had a reasonable expectation of privacy.

The statute is not unconstitutionally overbroad — it is carefully tailored to target only the most harmful and verifiable conduct
To be charged, the state must prove the offender intentionally disclosed images they knew were meant to be private, without the depicted person’s consent, in a way that identified the victim
Sharing intimate images without consent is not protected speech under the First Amendment
Criminal penalties include up to one year in jail and fines up to $4,000
Each image shared can constitute a separate offense

As the original bill’s author, then-State Senator Sylvia Garcia, stated, the law was crafted to focus on “only the worst and verifiable behavior that sexually defames its victims.”

Important legal note: The Court of Criminal Appeals opted not to publish the Jones ruling, which means it does not constitute binding precedent under Texas court rules — but the decision is real, well-documented, and reflects the court’s interpretation of Section 21.16 as it currently stands.

Your Right to Civil Compensation — Independent of Criminal Charges

Criminal prosecution punishes the perpetrator — but it does not put money in your pocket or repair your reputation. That is where civil litigation comes in.

Texas Civil Practice & Remedies Code Section 98.001B (Chapter 98B) — the Unlawful Disclosure of Intimate Visual Material civil statute — gives victims an explicit right to sue for damages. This is a powerful, standalone civil cause of action that operates completely independently of any criminal case.

Under Section 98B, you do not need:

A criminal conviction — or even a criminal arrest
To wait for law enforcement to act
To prove the perpetrator intended to harm you financially

You simply need to show that intimate visual material was disclosed without your consent, under circumstances where you had a reasonable expectation of privacy.

At Her Injury Lawyer, we have built our practice around cases exactly like yours — and we know how to use Section 98B to its fullest effect.

What Compensation Can You Recover?

Texas law provides for significant damages in revenge porn civil cases. Depending on the facts of your situation, you may be entitled to recover:

Emotional distress damages — for the psychological harm, anxiety, PTSD, and trauma caused by the violation
Reputation damages — for harm to your personal and professional reputation resulting from the disclosure
Career and income impact — for lost job opportunities, professional setbacks, and diminished earning capacity
Therapy and mental health treatment costs — for counseling, psychiatric care, and ongoing mental health support
Digital security and monitoring costs — for services required to track, remove, and protect against further distribution of your images
Reputation management and removal costs — for professional services needed to scrub content from the internet
Punitive damages — in cases of especially egregious or predatory conduct, courts may award additional damages to punish the perpetrator and deter future abuse

Texas courts also recognize the following as compensable harms:

Future earning capacity reduction
Digital reputation restoration costs
Prevention and protection expenses
Career rehabilitation costs
Online monitoring services

Who Can Be Held Liable?

Responsibility for image-based sexual abuse does not always end with the person who first shared the images. Potentially liable parties include:

The individual who shared or threatened to share the images — including ex-partners, acquaintances, hackers, and stalkers
Online platforms and websites that fail to remove content promptly after receiving notice
Third parties who republish or redistribute images after becoming aware of their non-consensual nature
Employers or individuals who use images as tools of workplace harassment or coercion

When you work with Her Injury Lawyer, we investigate every possible avenue of liability — leaving no responsible party unaccountable.

Emerging Threats Texas Law Is Addressing

The legal landscape is evolving rapidly to keep pace with new technology and new forms of abuse. Texas courts and legislators are actively addressing:

AI-Generated Deepfakes

Fabricated intimate images created using artificial intelligence, even where no real intimate image exists, are increasingly actionable under Texas law.

Sextortion and Cryptocurrency Extortion

Perpetrators who demand payment in exchange for not sharing images face both criminal and civil liability, and victims may recover damages for the extortion itself.

Social Media Platform Liability

Courts continue to examine when and how platforms can be held responsible for hosting and distributing non-consensual content.

Cloud Storage Breaches

Intimate images stolen through unauthorized access to cloud accounts may give rise to claims against both the perpetrator and, in some cases, negligent platform operators.

Dating App Misuse

Images shared or obtained through dating platforms without consent are covered under Texas’s image abuse laws.

International Distribution

Texas courts are developing frameworks to address perpetrators who distribute images across international platforms.

Her Injury Lawyer stays at the forefront of these emerging legal developments — so no matter how your images were shared or where they ended up, we know how to pursue accountability.

How Farrah Martinez and Her Injury Lawyer Fight for You

We understand that coming forward takes courage. From your very first call, we treat your case with urgency, sensitivity, and discretion — while building the strongest possible legal claim on your behalf.

Immediate Action Plan — We act fast to stop ongoing distribution, send legal takedown notices, and preserve critical evidence before it disappears.
Evidence Preservation — We secure digital evidence, platform records, metadata, and communications that establish who shared the images, when, and where.
Platform Takedown Strategy — We pursue rapid removal of content from social media platforms, websites, and search engine results through legal demands and DMCA takedown procedures.
Full Liability Investigation — We identify every individual and platform that bears legal responsibility — not just the obvious perpetrator.
Privacy Protection — In many cases, civil claims can be pursued under a pseudonym, protecting your identity in court filings and public records.
Maximum Compensation Pursuit — We fight for the full range of damages you are entitled to — emotional, financial, reputational, and punitive — through aggressive negotiation or litigation.

Frequently Asked Questions

Do I need to have filed a police report to pursue a civil claim?

No. While we encourage you to report the assault to law enforcement, a police report is not required to file a civil lawsuit under Texas Civil Practice & Remedies Code Section 98B. Your civil case proceeds on its own timeline.

What if the images were originally shared consensually?

Consent to create or share images in one context does not constitute consent to distribute them publicly or to third parties. If images you shared privately were distributed without your authorization, you have legal recourse.

Can I sue even if the images were posted anonymously?

Yes. We work with digital forensics experts to identify anonymous perpetrators through IP addresses, metadata, platform records, and other investigative tools.

What if the images are AI-generated and not real photos of me?

Texas law is increasingly recognizing AI-generated deepfakes as actionable violations. Even fabricated images that damage your reputation and cause emotional harm may give rise to civil claims.

How long do I have to file a claim in Texas?

Texas Civil Practice & Remedies Code Section 98B allows victims to file a civil claim within two years of the violation. Contact us immediately — the sooner we act, the better we can preserve evidence and stop ongoing harm.

Is my consultation confidential?

Absolutely. Everything you share with us is protected by attorney-client privilege from your very first call. At Her Injury Lawyer, discretion is not an afterthought — it is a core part of how we serve every client.

Take Back Control. Contact Her Injury Lawyer Today.

You did not consent to this. You did not deserve this. And you do not have to face it alone.

Texas law gives you powerful tools to fight back — and Farrah Martinez knows how to use every one of them. Whether the images are still being shared, you have been threatened, or the damage has already been done, it is not too late to act.

Her Injury Lawyer is here. We are ready. And we will fight for you.

Free, confidential consultation. No fee unless we win.

Farrah Martinez — Fighting for Women’s Safety and Privacy Across Texas.