Your Legal Rights as an NCII Victim in Texas

Texas NCII Law Overview

Applicable statute: Texas Penal Code § 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material)

Criminal penalty: Class A misdemeanor, punishable by up to 1 year in county jail and a $4,000 fine; State Jail Felony for certain aggravated offenses

Civil remedies: actual damages, injunctive relief, attorney fees, and costs under Texas Civil Practice and Remedies Code

Texas Penal Code § 21.16 prohibits the intentional disclosure of intimate visual material without the depicted person's consent when the disclosure is intended to harm, harass, annoy, alarm, abuse, torment, embarrass, or offend the depicted person. The law covers images, video, and other visual material. It does not require proof that the perpetrator succeeded in causing harm, intent is sufficient.

Texas law also covers the promotion of intimate visual material, posting, transmitting, or making available content that was originally distributed in violation of § 21.16. This means that re-posting or sharing content that was originally non-consensually disclosed is also a criminal offense.

The federal TAKE IT DOWN Act overlays Texas state law, providing an additional removal mechanism against covered platforms with a 48-hour compliance window. Texas victims can pursue criminal charges under state law, civil damages under the Texas Code, and federal platform removal simultaneously.

Texas does not currently have specific legislation targeting AI-generated intimate imagery, but the existing § 21.16 may apply depending on how the content was created. Consult an attorney for advice on AI-generated content claims under current Texas law.

Your Rights in Texas

• Right to federal 48-hour removal under the TAKE IT DOWN Act from covered platforms
• Right to file a criminal complaint under Texas Penal Code § 21.16
• Right to bring a civil lawsuit for actual damages, injunctive relief, and attorney fees
• Right to request removal from search engine results
• Right to remain anonymous in civil proceedings in certain circumstances

How to File in Texas

File a police report with your local police department or the Texas Department of Public Safety. The Texas Attorney General accepts consumer protection complaints. For civil actions, file in the district court of the county where you reside or where the violation occurred.

Local Support Resources

• Texas Association Against Sexual Assault, taasa.org
• Austin Rape Crisis Center, safeaustin.org
• Houston Area Women's Center, hawc.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to Texas state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.