Bastrop, TX asked in Copyright, Criminal Law, Divorce and Libel & Slander for Texas

Q: What repercussions could happen if I expose a cheater using her full name on a website? (I.e. shesahomewrecker.com)

My husband had an affair. He admitted it and I have photographic proof, texts, and messages. I also want to put pictures she sent to him on there. It is her face only, no nudity. (So, not revenge porn)

I have not contacted or even met her. (So, there isn’t harassment)

Since she sent him the pictures that wouldn’t be a copyright infringement issue right?

Thank you!!

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Meeting her is not an element of the offense of Harassment. The affair is not a matter of public concern and it is "reasonably likely to cause emotional distress, abuse, or torment to another person" which could be the homewrecker herself or members of her family. Texas Penal Code 42.07(8) (See also 18 U.S. Code § 2261A(2)(B))

Also, if your website is up for multiple days, a zealous prosecutor could charge you with a felony --- because multiple counts of Harassment is one of the manners and means of committing Stalking. Even if you beat the rap, you can expect to pay in the low to mid 5 figures for a proper defense on a case like that... it's not worth it.

Finally, Texas allows a victim of Stalking to seek a lifetime protective order. This can be done either through the prosecutor's office or via a private attorney. So she could go after you in court even if local law enforcement and prosecution are on your side. If she wins, you would forever lose the right to possess a firearm or ammunition and you could also be forced to pay her attorney's fees... again, this type of revenge feels good but it's not worth it.

1 user found this answer helpful

Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: You need to move on and divorce your husband. You are going to end up getting yourself arrested. I know it is very difficult but your problem is with your cheating husband. Your husband will cheat on her as soon as he gets a chancem

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