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  • 5 Aug 2014

What is “revenge porn” anyway? There are numerous definitions for the phrase, but generally it consists of public sharing (online) of sexually explicit material, usually by an ex-partner or a hacker.

A recent case in Fort Worth illustrates just how the process unfolds. The starting place on this one was itself a bit bizarre, and, according to reports, included a man surreptitiously videotaping himself and his then girlfriend engaged in sexual activity. The relationship began in 2012. At some point after it began, the man moved in with her, but he allegedly grew possessive, and the relationship began to deteriorate. The woman described the man’s behavior as “obsessive.”

Eventually, the couple broke up. The boyfriend, apparently upset over this turn of events, was accused of bombarding the woman with up to 60 phone calls an hour. He also hacked into her email (he may well have had the password already) and proceeded to send the videos to those on her contact list, which included not only the woman’s friends, but also her employer and her parents.

Both the recording charge and the hacking charge are serious offenses. In this case, hacking (breach of computer security) is a felony, since it was apparently accomplished with the intent to harm the ex-girlfriend; improper visual recording is likewise a felony. You might be surprise, then, by the sentence handed down after the defendant entered pleas of guilty to both charges. First, there was no jail time, just a $500 fine, and five years deferred adjudication probation. The defendant was also prohibited from living in Tarrant County or from contacting the ex-girlfriend, directly or indirectly. This may appear to some folks as more than just a bit on the lenient side.

Having said that, we should say that it is difficult to determine, in some cases, the reasons why a judge imposes one sentence as opposed to another. Sometimes it’s the result of a plea deal that may acknowledge proof problems in the case; other issues may also come into play. In the revenge porn case, one of the likely factors is revealed in another aspect of the sentence: the man was ordered to undergo psychological treatment.

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Austin, TX 78701
(512) 369-3737

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