Cofer Luster Criminal Defense Lawyers | August 19, 2025 | Federal Charges \ Federal Law \ Sex Crimes \ Sexual Crimes

On May 19, 2025, the President signed the TAKE IT DOWN Act – a law that creates several new criminal offenses relating to the nonconsensual distribution of intimate images, whether they are real or fake. This is commonly referred to as “Revenge Porn.” There are already laws against much of this conduct in Texas, but the Take it Down Act makes much of the same conduct a federal crime. Cofer Luster defends people in state and federal court for allegations of revenge porn. 

Summary of the New Federal Law

Here is a rough summary of the new federal criminal offenses:

Knowingly publish—or threaten to publish—an “intimate visual depiction” of an “identifiable individual” who is not a minor (under specified circumstances, and with various exceptions) where the publication is intended to cause harm or does cause harm – 2 year max sentence

Knowingly publish—or threaten to publish— an “intimate visual depiction” of an “identifiable individual” who is a minor (under specified circumstances, and with various exceptions) where the publication is intended to abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person – 3 year max sentence

Knowingly publish a “digital forgery of an identifiable individual” who is not a minor (under specified circumstances, and with various exceptions) where the publication is intended to cause harm or does cause harm – 2 year max sentence. A threat to publish this sort of forgery is also a crime; that comes with an 18-month sentence

Knowingly publish a “digital forgery of an identifiable individual” who is a minor (under specified circumstances, and with various exceptions) where the publication is intended to abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person – 3 year max sentence. A threat to public this sort of forgery is also a crime; that comes with a 30-month-max sentence.

TAKE IT DOWN is an acronym for “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act.” 

The federal statutes enacted or amended include 47 U.S. Code § 223a (Notice and removal of nonconsensual intimate visual depictions). 

Intimate Visual Depictions 

The TAKE IT DOWN Act uses the definition from “intimate visual depiction” 15 U.S.C. § 6851(Civil action relating to disclosure of intimate images). In this context “intimate visual depiction” is broken down: 

 “Visual Depiction” includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format. (18 U.S.C. § 2256(5)). 

The ”Visual Depictions” are “intimate” if they depict:

  • the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or
  • the display or transfer of bodily sexual fluids—
  • on to any part of the body of an identifiable individual;
  • from the body of an identifiable individual; or
  • an identifiable individual engaging in sexually explicit conduct.

This includes “intimate visual depiction” produced while the identifiable individual was in a public place only if the individual did not—

  • voluntarily display the content depicted; or
  • consent to the sexual conduct depicted.

The Need for the Law 

Some view this new body of legislation an attack on free speech.

Texas Senator Ted Cruz sponsored the bill, and he has said, “The TAKE IT DOWN ACT is an historic win for victims of revenge porn and deepfake image abuse. Predators who weaponize new technology to post this exploitative filth will now rightfully face criminal consequences, and Big Tech will no longer be allowed to turn a blind eye to the spread of this vile material. This day stands as a powerful testament to the bravery and dedication of Elliston Berry, Francesca Mani, Breeze Liu, and Brandon Guffey, whose relentless advocacy made this law possible. I am deeply grateful to my legislative partners, particularly Sen. Amy Klobuchar and First Lady Melania Trump, for their collaboration in advancing this critical legislation to protect every American’s privacy and dignity online.”

The motivation for Senator Cruz to sponsor the TAKE IT DOWN Act comes from an incident in Aledo, Texas. In 2024, a student in Aledo was the victim of serious cyber bullying. 

In reality, Texas criminal laws cover most of the same conduct under Texas Penal Code § 21.16 (UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL) and Texas Penal Code § 21.165 (UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT VIDEOS). These are each felony offense in Texas.

Federal Criminal Defense Attorney 

Cofer Luster defends people accused of a variety of sex crimes or sexual related offenses in Texas and Federal Courts. If you are being investigated or prosecuted for any of these allegations, contact us to discuss your how our firm can protect you. 

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102