Hey, I have two questions about criminal revenge porn law in Texas. First, does intent to harm matter in these cases? Do prosecutors need to prove that the defendant meant to harm the victim? Second, does the statute of limitations start from the date the image was posted or from when the victim finds out? Anyone have insights on this?
Good questions! For the first one, yes, intent to harm does matter under Texas law. The prosecutor has to show that the defendant intentionally shared the material to hurt the victim. Without that, it’s harder to prove the case. As for the statute of limitations, it typically starts from when the image was posted, but if the victim finds out later, it might start from when they discover it.
I think the defendant can argue that they didn’t intend to harm if they just shared the photo to show off how attractive the ex was. But if they didn’t mean harm, it might not be considered revenge porn in that case.
As for your second question, I think the discovery rule can apply in some cases. If the victim didn’t know the picture was posted, they might have extra time to bring charges. But you’re right that the criminal code doesn’t always explicitly mention it for all crimes.
I agree with PQR. Courts usually look at case law to decide whether discovery applies. It’s not always explicitly mentioned, but it can come into play depending on how things are argued in court.
It’s not always 50/50, but the application of the discovery rule depends on how courts interpret each case. There’s no clear-cut answer unless the law says otherwise.