What Are My Rights If Falsely Accused of Sharing an Intimate Video in Texas?
Start a free AI-assisted chat and connect with an experienced Texas attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My ex-girlfriend is accusing me of showing a video of us having sex. No video was ever made, and nothing was ever sent or shown.
No there was never a video that got made and there was never a video that got sent or shown.
Attorney Answer
Since you say no video was ever made, sent, or shown, the most important things right now are protecting yourself with documentation and understanding both sides of Texas law that could apply here.
Texas Penal Code § 21.16 makes it a crime to disclose or promote intimate visual material of another person without consent, when it is done to harm, harass, threaten, or intimidate them, and certain other conditions are met, such as the material being obtained under circumstances where the person had a reasonable expectation it would stay private. Since you say this material and disclosure never happened, this statute would not apply to you based on the facts you have described. If your ex-girlfriend reports this to police and it is investigated, being able to show that no video exists is central to your defense.
At the same time, if she is telling other people that you shared such a video, and that is not true, you may have your own claim. Texas law recognizes defamation when someone makes a false statement of fact to a third party that damages your reputation, including falsely accusing someone of a crime. Texas generally requires defamation claims to be filed within one year (Tex. Civ. Prac. & Rem. Code § 16.002), so if you want to pursue that option, it is worth discussing with an attorney sooner rather than later.
Steps you can take:
1. Do not destroy anything. Keep your phone, messages, and any devices exactly as they are, in case you need to show there is no such video and no history of sending one. 2. Save any messages or communications from her or others repeating this accusation, including dates and who else may have seen them. 3. Avoid contacting her directly about this if things are tense, since anything you say could be misread or used against you; a lawyer can help you communicate carefully if needed. 4. If police contact you, you have the right to remain silent and to have an attorney present before answering questions. 5. If this accusation is being spread to others and hurting your reputation, talk to an attorney about whether a defamation claim is worth pursuing.
This is general legal information, not legal advice. A Texas criminal defense or civil litigation attorney can review your specific situation and advise you on the best next steps.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Texas
- File or look up a case through the Texas Judicial Branch, which serves the state.
- Get free civil legal help from TexasLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What does Texas's law on sharing intimate images actually prohibit?
Texas Penal Code § 21.16 prohibits disclosing or promoting intimate visual material of someone without their consent, done to harm, harass, or threaten them, when the material was obtained under circumstances showing an expectation of privacy. If no such material or disclosure exists, the law would not apply to those facts.
Can I sue my ex for falsely accusing me of a crime?
You may have a defamation claim if she is making false statements about you to other people and it damages your reputation. An attorney can evaluate whether what was said, and how widely it was shared, supports a claim, and note that Texas generally requires filing within one year.
What should I do if the police contact me about this accusation?
You have the right to remain silent and to have an attorney present before answering any questions. It is usually best to say you want to speak with a lawyer first rather than trying to explain the situation on your own.
