# Misdemeanor Sexual Offenses: What to Know | TadLaw

There are a variety of [misdemeanor offenses](https://tadlaw.com/houston-tx/dwi-lawyer/misdemeanor/) in Texas that broadly fall within the category of sexual offenses. We are not talking about rape, sexual assault, or other violent crimes. Rather, these misdemeanors include such things as “voyeurism”–i.e., spying on someone for purposes of sexual arousal or gratification–or “indecent exposure.” These crimes may seem harmless to some people, but Houston-area police and prosecutors take them quite seriously.

## **Court Declines to Hold “Revenge Porn” Law Unconstitutional**

For example, a state appeals court [recently refused to dismiss charges](https://accounts.google.com/v3/signin/identifier?continue=https%3A%2F%2Fscholar.google.com%2Fscholar_case%3Fcase%3D3357918476312652359&dsh=S-50220382%3A1785943888266274&hl=en&flowName=GlifWebSignIn&flowEntry=ServiceLogin&ifkv=Ac50bxtUtBLh_s5PvP39NFAcKz31M_AXqAH2fN3wsB4P4VyLxH9ghpvFX-7mn0-nRay5mLOyYAT1Iw) against a Beaumont-area man for “unlawful disclosure or promotion of intimate visual material.” This is more commonly known as “revenge porn.” Basically, it is against the law to share a photo, video, or other image of a person’s “intimate parts” without their consent. Originally classified as a Class A misdemeanor, the Texas legislature actually elevated this to a state jail felony in 2017.

This particular case, however, was tried under the prior misdemeanor statute. The facts were fairly straightforward. Prosecutors accused the defendant of sharing a photo of a woman “with her buttocks exposed” without her consent. In response, the defendant argued the Texas revenge porn statute–[Section 21.16 of the Penal Code](https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm#21.16) was an unconstitutional infringement of his First Amendment right to free speech. More precisely, the defendant said the law as written unfairly criminalizes “images that depict some degree of nude flesh but that are not necessarily sexually explicit.”

But as the appeals court noted in its opinion rejecting this argument, the legislature clearly intended Section 21.16 to “combat ‘a disturbing Internet trend of sexually explicit images’ being disclosed ‘without the consent of the depicted person.” While the law might conceivably cover a small amount of innocent conduct–the defense cited the case of a “grandmother who takes a picture of her granddaughter in a diaper with no shirt on and then posts the picture on social media”–the court said such examples were purely hypothetical. The court also pointed out Section 21.16 expressly requires proof that the disclosure of the visual material in question “causes harm” to the person depicted and reveal their identity.

Given all this, the court determined the revenge porn law did not threaten the “free and robust debate of public issues” protected by the First Amendment.

The appeals court further declined to consider the defendant’s argument that Section 21.16 was unconstitutional “as applied” to his specific case (as opposed to being unconstitutional in general). Such arguments needed to be raised first with the trial judge, the appeals court said.

## **Speak with a Houston Misdemeanor Crimes Defense Lawyer Today**

You might not think that sending a racy photograph or exposing yourself in public is that big a deal in the 21st century. But having a misdemeanor conviction on your criminal record can impact you in multiple ways–none of them good. So if you have been charged with a misdemeanor, your first step should be to [contact](https://tadlaw.com/contact-us/) an experienced Houston criminal defense attorney who can help guide you through the process. Call the Law Offices of Tad Nelson & Associates at [(281) 280-0100](tel:(281) 280-0100) .

Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started

Criminal Defense Blog Posts:  [New Test Flags Underage Drinking Risk Criminal Defense Texas readers may be interested to learn that researchers have developed a new personality-based test aimed at identifying kids at high risk...](https://tadlaw.com/blog/new-test-flags-underage-drinking-risk/)   [Why Hire a Board Certified Attorney? Criminal Defense Why hire a Board Certified Attorney? Attorney Representation in Houston, Texas since 1992 Board certification is a distinction held by less than...](https://tadlaw.com/blog/why-hire-a-board-certified-attorney/)   [Texas Expands the Legal Definition of Stalking Criminal Defense Definition of ‘Stalking’ Expanded in Texas Texas law treats domestic violence as a serious crime. All reported acts of domestic abuse –...](https://tadlaw.com/blog/texas-expands-the-legal-definition-of-stalking/)   [Unpaid Red Light Fines and Vehicle Registration Criminal Defense Despite Notices, Harris County Will Not Prevent Vehicle Registration for Unpaid Red Light Camera Fines Harris County officials stated that outstanding citations...](https://tadlaw.com/blog/unpaid-red-light-fines-and-vehicle-registration/)

---

Source: https://tadlaw.com/faqs/misdemeanor-sexual-offenses-what-to-know/