In Texas, sexting is a misdemeanor for the first offense, while subsequent offenses are also misdemeanors, but with greater penalties. The minor may be sentenced to community supervision with a condition of fulfilling an educational program that is paid for by the defendant’s parents. The educational program instructs minors on the issues associated with sexting. The minor can apply to have the conviction expunged on or after their seventeenth birthday. It is an affirmative defense if the minor has not solicited the image, obtained the image only after receiving it from another minor, and deleted the image.
Revenge porn: Unlawful disclosure or promotion of intimate visual material, or “Relationship Privacy Act” (signed by Governor on 6/17/2015; effective 9/1/2015)
(a) A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if:
(1) the defendant discloses the intimate visual material without the effective consent of the depicted person;
(2) the intimate visual material was obtained by the defendant or created under circumstances in which the depicted
person had a reasonable expectation that the material would remain private;
(3) the disclosure of the intimate visual material causes harm to the depicted person; and
(4) the disclosure of the intimate visual material reveals the identity of the depicted person in any manner