Legal Question in Criminal Law in Texas

''Illegal Internet Pornography''

What actions can be taken if someone has filmed you, without your

knowing or consent, having sex and then has posted it, without

your knowing or consent on a pay to enter website which has your

name linked to where if someone looks up your name on an

internet search engine they may find this type of site?

Asked on 9/30/04, 2:56 pm

2 Answers from Attorneys

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: ''Illegal Internet Pornography''

On the Criminal side you would file a report with your local police agency for violation of Section 21.15 Tex. Penal Code Improper Photography or visual recording. That is a state jail felony with a punishment range from 180 days - two years in state jail and up to a $10,000 fine or both.

There are also several civil actions which you might want to consider depending on the facts in your case.

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Answered on 9/30/04, 3:42 pm

Chris Abel Law Offices of Joshua Wintters & Associates

Re: ''Illegal Internet Pornography''

You have a cause of action for invasion of privacy. However, if the other side can prove that you either knew or should have known that you were being recorded, then they can defend the case by saying that you had no reasonable expectation of privacy. If you intend on pursuing a claim for money damages, or for an injunction to remove the film from the website, then I suggest you retain a lawyer as the process is very complicated.

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Answered on 9/30/04, 5:29 pm

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