28.102. Unlawful Distribution of Images; Exceptions; Definitions; and Penalties.
(a) It is unlawful for a person to intentionally disclose, or intentionally cause another person to disclose, including disclosing by electronic means, an image of another person who is identifiable from the image itself or from information displayed in connection with the image, or otherwise engaging in revenge pornography, if all of the following apply:
(1) the person in the image is depicted in a state of nudity or is engaged in sexual contact;
(2) the depicted person has a reasonable expectation of privacy. Evidence that a person has sent an image to another person, including through the use of an electronic device, does not, on its own, remove the person’s reasonable expectation of privacy for that image; and
(3) the image is disclosed with the intent to harm, harass, intimidate, threaten, or coerce the depicted person.
(b) This Section shall not apply to any of the following:
(1) lawful and common practices of law enforcement;
(2) reporting unlawful activity, or when permitted or required by law or rule in legal proceedings;
(3) lawful and common practices of medical treatment;
(4) images involving voluntary exposure in a public or commercial setting;
(5) an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), or an information service, as defined in 47 U.S.C. § 153, with regard to content provided by another person; or
(6) any disclosure that is made with the consent of the person who is depicted in the image.
(c) For this Section’s purposes:
(1) Disclose means display, distribute, publish, advertise, or offer.
(2) Disclosing by electronic means means delivery to an e-mail address, mobile device, tablet, other electronic device, or disclosure on a website.
(3) Harm means physical injury, financial injury, or serious emotional distress.
(4) Image means a photograph, videotape, film, or digital recording.
(5) State of nudity means exposure of the naked genitals, pubic area, buttocks, or female nipple.
(6) Sexual contact means sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex.
(7) Reasonable expectation of privacy means the person exhibits an actual expectation of privacy and the expectation is reasonable.
(d) Notwithstanding any law to the contrary, any individual convicted under this § 28.102 shall be sentenced as follows: (1) a person convicted of a first offense under this § 28.102 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000) or imprisoned for not more than one (1) year, or both; and (2) a person convicted of a second offense and any offense thereafter under this § 28.102 shall be guilty of a third degree felony.