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Texas appeals court strikes down ‘revenge porn’ law

Texas appeals court strikes down ‘revenge porn’ law

SAN ANTONIO - A Texas appeals court struck down the state's "revenge porn" law, stating it was unconstitutional and violated the First Amendment in the U.S. Constitution. The law currently makes it illegal to post a previous partner's nude or semi-nude photo on social media.

Local attorney and former President of the National Association of Criminal Defense Lawyers Gerry Goldstein said the appeals court also made suggestions on how the state could rework the law to make it constitutional.

"The disclosing person, the person assimilating the information, knows that the depicted person, the person in the photograph, didn't consent to it,” Goldstein said.

The appeals court also suggests the state would have to prove the person posting the pictures intent was to harm the photographed person.

Goldstein said the ruling could help anyone who currently has pending charges against them. He also believed the state would likely try to fight the ruling and it could make it to the state's highest criminal court.

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