New Braunfels, TX asked in Criminal Law, Civil Rights and Internet Law for Texas

Q: Is it illegal to photoshop a KKK hood onto someone?

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If you mean "illegal" as in a criminal offense then no, it isn't a crime unless the photo was already illegal for some other reason like child pornography.

My firm focuses on Criminal Law where the government prosecutes crimes. There is an entirely separate part of the legal system named Civil Law where individuals or businesses can file lawsuits against each other. It is my understanding that it is not worth the effort to sue someone unless they have enough money to pay if you win. I don't take those types of cases so I could only guess that the behavior you described MIGHT be a "tort" or civil cause of action like DEFAMATION or Intentional Infliction of Emotional Distress. Those are just guesses, I'm not qualified to answer so seek out the advice of an attorney who practices Civil Law.

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