[email protected] | May 23, 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. 

What is the Take It Down Act?

Here is a rough summary of the new 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 publish this sort of forgery is also a crime; that comes with a 30-month-max sentence.

What is the reaction? 

Some view this new body of legislation as 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.”

Are these new crimes?

The Texas laws covering most of the same conduct are 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 offenses in Texas.

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