It’s a Crime to Send Unsolicited Nude Photos

On September 1^st a new law went into effect in Texas.  It’s now a criminal offense to electronically transmit unsolicited nude photos.  This means if you send sexual images, including selfies, via email, dating apps or social media you can be charged with a Class C misdemeanor.

Like other Class C misdemeanors, if convicted you face a fine of up to $500.00.  Equally important you will have a criminal history that will follow you for the rest of your life.

Specifically, the new law states that “A person commits an offense if the person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with the person’s intimate parts exposed or covered genitals of a male person that are in a discernibly turgid state; and is not sent at the request of or with the express consent of the recipient.

Texas Governor Greg Abbot said “Many people – especially women – get unwanted sexually explicit pictures by text or social media. It’s disgusting,” “Now, it’s illegal in Texas.”

It’s only a crime if the images are sent without the consent of the recipient.  Some legal scholars believe the law may be challenged on 1^st Amendment grounds.

Attorney Doug O’Connell has practiced law for over 30 years. You can contact Doug at Doug@OConnellWest.com or (512)547-7265.