A Florida man recently made the news after he shot down a Walmart drone. Drones have become ubiquitous. It’s not just big retailers like Amazon and Walmart who are using drones. With the cost of drones dipping as low as $30, anyone can buy a drone.

Today what you can acquire for under $500 rivals what only professionals could get their hands on give years ago. So what happens if you have a drone flying above your property or outside your bedroom window? Can you shoot down a drone in Texas? This article explores the answer to that question and the civil and criminal implications for nefarious drone operators.

Can You Legally Shoot Down a Drone in Texas?

The short answer is no. It is generally not legal to shoot down a drone in Texas or anywhere else in the United States. In fact, a number of federal and state charges can stem from this.

Federal Offenses Related to Shooting Down Drones

The FAA classifies drones as aircraft. Under federal law, drones are legally considered aircraft, regardless of their size or purpose. This classification means they are protected under the same laws prohibiting interference with manned aircraft. Shooting down a drone can potentially violate several federal laws, including:

18 U.S.C. § 32 – Destruction of Aircraft

This statute makes it a federal crime to willfully damage, destroy, or disable an aircraft. This means shooting down a drone could result in:

• A fine of up to $250,000; and
• Imprisonment for up to 20 years

18 U.S.C. § 1030 – Computer Fraud and Abuse Act

If a drone is damaged or disabled through electronic means, such as hacking or jamming its control signals, this could be considered a violation of the CFAA. Penalties vary based on the specific circumstances but can include fines and imprisonment. Hacking a drone’s control system would likely fall under unauthorized access to a protected computer. Jamming a drone’s communications could be considered as intentionally damaging a protected computer by knowingly transmitting harmful data or code.

The penalties under 18 U.S.C. § 1030 vary depending on the specific offense, but generally include:

• Unauthorized access to obtain information: Up to 1 year for first offense, up to 10 years for subsequent offenses.
• Intentionally damaging by knowing transmission (which could apply to jamming): Up to 10 years for first offense, up to 20 years for subsequent offenses.
• Recklessly causing damage by intentional access: Up to 5 years for first offense.

State Offenses in Texas Related to Shooting Down Drones

In addition to federal laws, shooting down a drone in Texas could potentially violate several state laws:

Texas Penal Code § 28.03 – Criminal Mischief

Damaging or destroying a drone could be prosecuted as criminal mischief. Depending on the value of the damaged property, the penalties range from a Class C misdemeanor to a first-degree felony.

Texas Penal Code § 42.01 – Disorderly Conduct

Discharging a firearm in a public place or on or across a public road could be charged as disorderly conduct, a Class B misdemeanor.

Texas Penal Code § 22.05 – Deadly Conduct

If shooting at a drone creates a substantial risk of serious bodily injury to others, it could be charged as deadly conduct, a Class A misdemeanor, or a third-degree felony.

Texas Local Government Code § 229.001 – Firearms Regulations

Some local ordinances may restrict the discharge of firearms within city limits, potentially leading to additional charges.

Civil Causes of Action if You Are Injured by a Drone

If you are injured by someone operating a drone, you may have a cause of action against them to hold the drone operator responsible. A drone accident could arise from a failure to operate the drone correctly. This is especially true for commercial and professional drones. Like any other device, drones can also malfunction. If there is a defect in the design or manufacture of a drone that leads to an injury, you might have a claim against the manufacturer. Similarly, if the operator of a drone is negligent in operating the drone – for example, operating while intoxicated or in poor weather conditions and causes injury or loss, that could become a legal basis to hold them responsible civilly.

Government Code § 423.006

Provides for civil action against drone operators who violate this chapter:

• An owner or tenant of privately owned real property can bring suit against a person who captured an image of the property or the owner/tenant while on the property in violation of Section 423.003.
• Remedies available include:
  • Injunctive relief
  • Civil penalty of $5,000 for all images captured in a single episode, or $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode
  • Actual damages if the image was disclosed, displayed, or distributed with malice
  • Court costs and reasonable attorney’s fees

Government Code § 423.007

Allows for civil action against a person who captures an image in violation of Section 423.003 and uses that image in any manner as evidence in a civil, criminal, or administrative proceeding. The court may award a civil penalty of $1,000.

Criminal Causes of Action Against Drone Operators

There are a number of ways a drone operator themselves can be held criminally responsible for flying a drone over your property – if certain conditions exist. So if you have a drone flying over your property, reach for a phone (to call the police) rather than a firearm.

Texas Penal Code § 21.15 – Invasive Visual Recording

Using a drone to capture images of a person in a private place without their consent could be prosecuted under this law, a state jail felony.

Texas Penal Code § 42.072 – Stalking

Persistent use of a drone to harass or intimidate an individual could potentially be charged as stalking, a third-degree felony.

Government Code § 423.003 – Illegal Use of Unmanned Aircraft to Capture Image

This law specifically prohibits, with certain exceptions, using drones to capture images of individuals or private property without consent. Violations are Class C misdemeanors.

Government Code § 423.004 – Possession, Disclosure, Display, Distribution, or Use of Image

It’s a Class C misdemeanor to possess, disclose, display, distribute, or otherwise use an image captured in violation of Section 423.003. The offense becomes a Class B misdemeanor for a second offense and a Class A misdemeanor for a third or subsequent offense.

Texas Penal Code § 42.07 – Harassment

In Texas, harassment could potentially apply to drone use if the operator intentionally and repeatedly flies the drone in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another person. This could include scenarios such as repeatedly flying a drone over someone’s property or persistently hovering near windows or private spaces. If proven, harassment via drone use is generally a Class B misdemeanor, but can be elevated to a Class A misdemeanor in certain circumstances, such as when committed against a minor.

Is Disabling a Drone Legal Under Federal and State Law?

Given the legal risks associated with shooting down drones, some individuals have explored alternative methods of disabling or deterring unwanted drone activity. However, many of these methods also carry legal risks:

1. Signal Jamming

Federal law makes using devices to jam or interfere with a drone’s control signals illegal. The Communications Act of 1934 prohibits the operation of jamming devices, and violations can result in significant fines and imprisonment.

2. GPS Spoofing

Attempts to interfere with a drone’s GPS navigation system could violate the Computer Fraud and Abuse Act and FAA regulations.

3. Hacking

Gaining unauthorized access to a drone’s control systems would likely violate the Computer Fraud and Abuse Act and potentially state computer crime laws.

4. Net Guns or Physical Capture

While less likely to cause damage than shooting, physically capturing a drone could still be considered interference with aircraft under federal law and potentially violate state laws against theft or criminal mischief.

Legal Alternatives to Shooting Down a Drone in Texas

Instead of resorting to potentially illegal methods of drone interference, property owners have several legal options for addressing concerns about drone activity:

1. Contact Local Law Enforcement

If you believe a drone is being operated illegally or in a harassing manner, contact your local police department. They can investigate potential violations of state laws or local ordinances.

2. Report to the FAA

If you suspect a drone is being operated in violation of FAA regulations, you can file a report with the FAA’s drone complaint system.

3. Document the Incidents

Keep detailed records of drone activity, including dates, times, and any photographic or video evidence. This documentation can be valuable if legal action becomes necessary.

4. Pursue Civil Remedies

Consider consulting with an attorney about potential civil claims against persistent or intrusive drone operators.

5. Advocate for Local Regulations

Work with local government officials to develop or strengthen ordinances addressing drone use in your community.

Accused of Shooting Down a Drone? Contact Us.

While the desire to protect one’s privacy and property from unwanted drone intrusion is understandable, it’s crucial to recognize that taking direct action against drones carries significant legal risks. Shooting down or disabling a drone can result in severe federal and state criminal charges, as well as potential civil liability.

Instead of resorting to potentially illegal methods, property owners should focus on legal alternatives for addressing drone concerns. This includes working with law enforcement, reporting violations to the FAA, documenting incidents, and pursuing civil remedies when appropriate.

If, however, you are facing charges stemming from shooting down a drone in Texas, it’s important to have an experienced defense attorney in your corner as soon as possible. Call 817-203-2200 to schedule an consultation with seasoned criminal defense attorney at Varghese Summersett.

Federal Statutes of Limitations: Criminal and Civil Time Limits

Statutes of limitations play a crucial role in the U.S. federal legal system, setting time limits for initiating legal proceedings in both criminal and civil cases. These statutes serve multiple purposes, including preserving the integrity of evidence, providing closure to potential defendants, and promoting efficiency in the legal system. This article provides an in-depth examination of federal statutes of limitations, covering their history, purpose, application, and notable exceptions in both criminal and civil contexts.

Historical Context

The concept of statutes of limitations dates back to ancient Roman law, where the Lex Julia de Adulteriis Coercendis established a five-year limitation period for certain offenses. In English common law, statutes of limitations were initially applied only to civil actions. The first general statutes of limitations in England were enacted in 1623, during the reign of King James I.

Statutes of limitations have been part of the legal landscape in the United States since the country’s founding. The first federal statute of limitations was enacted in 1790, applying to various crimes, including treason, murder, and forgery of public securities. Over time, Congress has enacted numerous statutes of limitations for different federal offenses and civil actions.

Purpose and Rationale

Statutes of limitations serve several important purposes in the legal system:

• Preserving evidence: As time passes, evidence may deteriorate or be lost, and witnesses’ memories may fade. Statutes of limitations encourage timely prosecution or filing of claims when evidence is still fresh and reliable.
• Providing closure:These statutes protect defendants from the uncertainty of indefinite legal jeopardy, allowing individuals and businesses to plan their affairs without the constant threat of litigation.
• Promoting efficiency:By imposing time limits, statutes of limitations help prevent the clogging of court dockets with stale claims and encourage the prompt resolution of legal disputes.
• Incentivizing diligence:These statutes motivate plaintiffs and prosecutors to act promptly in pursuing their claims or charges.

Federal Criminal Statutes of Limitations

In federal criminal law, statutes of limitations vary depending on the nature and severity of the offense. The general federal criminal statute of limitations is found in 18 U.S.C. § 3282, which provides a five-year limitation period for most federal offenses. However, there are numerous exceptions and specific provisions for certain crimes.

Notable Criminal Statutes of Limitations

• Capital offenses: There is no statute of limitations for capital offenses, including murder in the first degree and certain terrorism-related crimes resulting in death. (18 U.S.C. § 3281)
• Sexual abuse offenses: The limitation period for most federal sexual abuse offenses is 10 years. However, for offenses involving the sexual or physical abuse of a child, the statute of limitations is extended to the life of the child or 10 years after the offense, whichever is longer. (18 U.S.C. § 3283)
• Terrorism offenses: Many terrorism-related crimes have an 8-year statute of limitations. (18 U.S.C. § 3286(a))
• Immigration offenses: The limitation period for most immigration offenses is 10 years. (18 U.S.C. § 3291)
• Tax offenses: The general statute of limitations for tax crimes is 6 years, with some exceptions for specific offenses. (26 U.S.C. § 6531)
• Financial crimes: Certain financial crimes, such as bank fraud and securities fraud, have a 10-year statute of limitations. (18 U.S.C. § 3293)

It’s important to note that these statutes of limitations can be subject to various exceptions and modifications based on the specific circumstances of each case. Always consult with a legal professional for the most up-to-date and case-specific information.

Federal Civil Statutes of Limitations

In civil cases, federal statutes of limitations can vary widely depending on the nature of the claim and the specific law under which the action is brought. Unlike criminal statutes, which are generally set by federal law, civil statutes of limitations often borrow from state law or are specified in the federal statute, creating the cause of action.

Common Civil Statutes of Limitations

• Contract disputes with the U.S. government: 6 years (28 U.S.C. § 2501)
• Personal injury claims against the federal government (Federal Tort Claims Act): 2 years (28 U.S.C. § 2401(b))
• Civil rights violations (42 U.S.C. § 1983): Typically borrows from state personal injury statutes, ranging from 1 to 6 years (42 U.S.C. § 1988)
• Employment discrimination:
  • Title VII and ADA: 180 days to file with EEOC (300 days in states with their own fair employment practices agencies) (42 U.S.C. § 2000e-5(e)(1))
  • ADEA: 180 days to file with EEOC (300 days in states with their own fair employment practices agencies) (29 U.S.C. § 626(d)(1))
• Intellectual property:
  • Patent infringement: 6 years (35 U.S.C. § 286)
  • Copyright infringement: 3 years (17 U.S.C. § 507(b))
  • Trademark infringement: 3 years (borrowed from state law; 15 U.S.C. § 1121)
• Antitrust violations: 4 years (15 U.S.C. § 15b)
  • False Claims Act: 6 years from the violation or 3 years after the government knew or should have known about the violation, whichever is later (but not more than 10 years after the violation) (31 U.S.C. § 3731(b))

It’s important to note that these statutes of limitations can be subject to various exceptions and modifications based on the specific circumstances of each case. Always consult with a legal professional for the most up-to-date and case-specific information.

Table of Federal Criminal and Civil Statutes of Limitations

Here’s a comprehensive table of some of the most important federal criminal and civil statutes of limitations:

When Does the Clock Start Running?

The point at which a statute of limitations begins to run can vary depending on the nature of the offense or claim:

Criminal Cases

Generally, the statute begins to run when the crime is committed. However, for continuing offenses like conspiracy, the statute may not begin to run until the last overt act in furtherance of the conspiracy is committed.

Civil Cases

The starting point can vary:

• When the violation occurred
• When the injury was discovered (the “discovery rule”)
• When the injury reasonably should have been discovered
• For continuing violations, each new violation may restart the clock

Fraud Cases

Many jurisdictions apply the “discovery rule” in fraud cases, meaning the statute doesn’t begin to run until the fraud is discovered or reasonably should have been discovered.

Tolling and Exceptions

In certain circumstances, statutes of limitations may be tolled (suspended) or extended. Common reasons for tolling include:

1. Discovery rule: As mentioned above, this rule delays the start of the limitation period until the plaintiff discovers or reasonably should have discovered the injury or violation.
2. Fraudulent concealment: If a defendant actively conceals their wrongdoing, the statute of limitations may be tolled until the plaintiff discovers or should have discovered the fraud.
3. Continuing violations: For ongoing unlawful conduct, each new violation may restart the statute of limitations.
4. Minority or incapacity: The statute of limitations may be tolled for minors or individuals who are mentally incapacitated.
5. Absence from jurisdiction: In some cases, a defendant’s absence from the jurisdiction may toll the statute of limitations.
6. Wartime suspension: Under the Wartime Suspension of Limitations Act, the statute of limitations for certain offenses involving fraud against the government is suspended during times of war.

Notable Exceptions and Special Cases

Certain types of actions are not subject to statutes of limitations or have special rules:

1. War crimes and crimes against humanity: Following the principles established in the aftermath of World War II, there is no statute of limitations for war crimes, crimes against humanity, and genocide under international law.
2. Espionage: Under 18 U.S.C. § 794(a), capital espionage offenses have no statute of limitations.
3. Fugitives: The federal “fugitive tolling doctrine” provides that the statute of limitations is tolled while the accused is a fugitive from justice.
4. DNA evidence: Some states have enacted laws that extend or eliminate the statute of limitations for certain crimes when DNA evidence is available, although this is less common at the federal level.

Challenges and Controversies

Applying statutes of limitations can sometimes lead to controversial outcomes, particularly in cases involving serious crimes or long-standing injustices. Some of the key challenges and debates surrounding federal statutes of limitations include:

1. Balancing interests: There is ongoing debate about how to balance the interests of justice, victim rights, and the rights of the accused when setting limitation periods.
2. Technological advancements: The advent of DNA evidence and other forensic technologies has raised questions about whether traditional statutes of limitations are still appropriate for certain crimes.
3. Complex and evolving crimes: In cases involving complex schemes or evolving criminal enterprises, determining when the statute of limitations begins to run can be challenging.
4. Retroactive changes: Courts have generally held that extending a statute of limitations cannot revive a claim that has already expired, raising questions about the effectiveness of attempts to address historical injustices through legislative changes.
5. Jurisdictional issues: In cases involving multiple jurisdictions or transnational crimes, determining which statute of limitations applies can be complex.

Recent Developments and Trends

Several recent developments and trends have impacted federal statutes of limitations:

1. #MeToo movement: The movement has prompted discussions about extending or eliminating statutes of limitations for sexual assault and harassment cases.
2. Cybercrime: As cyber-related offenses become more prevalent, there have been calls to reassess statutes of limitations for these crimes, given the challenges in detecting and investigating them.
3. Financial crimes: In the wake of major financial scandals and the 2008 financial crisis, there have been efforts to extend statutes of limitations for certain financial crimes.
4. Terrorism: Post-9/11 legislation has extended or eliminated statutes of limitations for many terrorism-related offenses.
5. Cold cases: Advances in forensic technology have led to renewed interest in cold cases, prompting debates about the appropriateness of statutes of limitations for certain violent crimes.

Conclusion

Federal statutes of limitations play a vital role in the U.S. legal system, balancing the interests of justice, efficiency, and fairness. While these statutes serve important purposes, they also present challenges in an evolving legal and technological landscape. As society continues to grapple with complex issues of justice and accountability, the debate over the appropriate scope and application of statutes of limitations is likely to continue.

Understanding federal statutes of limitations is crucial for legal practitioners, policymakers, and the general public alike. These time limits significantly impact the administration of justice and the rights of both plaintiffs and defendants. As the legal system continues to evolve, it will be essential to regularly reassess and, where necessary, reform statutes of limitations to ensure they continue to serve their intended purposes while adapting to changing societal needs and technological advancements.

How Many Times Can You Get Married in Texas?

Larry King, who lived in Texas for years, has been married eight times to seven different women. Tommy Lee Jones, who was born in San Saba, has been married three times. Willie Nelson, who is from Abbott, has been married four times. So, how many times can you get married in Texas?

When it comes to marriage laws, every state has its own unique set of rules and regulations. Texas, known for its independent spirit, has some interesting marriage laws. A common question that arises is: How many times can you get married in Texas? Let’s dive into this topic and explore the legal landscape of marriage in the Lone Star State.

The Short Answer

To cut right to the chase: There is no legal limit on how many times you can get married in Texas. As long as you are legally eligible to marry, you can tie the knot as often as you wish. However, this straightforward answer comes with several important caveats and considerations that we’ll explore in detail.

Legal Requirements for Marriage in Texas

Before we delve into multiple marriages, let’s review the basic requirements for getting married in Texas:

1. Age: Both parties must be at least 18 years old. Minors aged 16-17 can marry with parental consent or a court order.
2. Identification: A valid government-issued photo ID is required.
3. Marriage License: Couples must obtain a marriage license from a county clerk’s office. There’s a 72-hour waiting period after obtaining the license before the marriage can take place (with some exceptions).
4. Officiant: The marriage must be performed by an authorized officiant, such as a judge, religious leader, or someone specially appointed to conduct marriages.
5. Witnesses: While not required, having witnesses is recommended.
6. Divorce Status: If previously married, you must provide proof that the prior marriage has been dissolved through divorce, death, or annulment.

The key point here is the last one – you must be legally single before entering into a new marriage. This brings us to our main topic: multiple marriages.

Sequential Marriages vs. Simultaneous Marriages

When discussing multiple marriages, it’s crucial to distinguish between sequential marriages (getting married, divorced, then remarried) and simultaneous marriages (being married to multiple people at the same time).

Sequential Marriages

In Texas, there is no limit on the number of sequential marriages you can have. You can get married, divorced, and remarried as many times as you want, provided you follow the legal process each time. This means:

1. Legally ending each marriage through divorce, annulment, or the death of a spouse
2. Obtaining a new marriage license for each new marriage
3. Meeting all other legal requirements for marriage

Some famous Texans have been married multiple times. For example, the late businessman and politician Ross Perot was married twice, while actress Jerry Hall (born in Texas) has been married four times.

Simultaneous Marriages

Simultaneous marriages, also known as bigamy or polygamy, are illegal in Texas. The Texas Penal Code, Section 25.01, clearly states that a person commits an offense if they are legally married and:

1. Purport to marry or marry another person
2. Live with another person under the appearance of being married

Bigamy is a felony offense in Texas, punishable by up to 10 years in prison and a fine of up to $10,000.

It’s worth noting that there are some defenses to bigamy charges in Texas. For example, if a person reasonably believed their prior marriage was dissolved or void, they may have a valid defense. However, it’s always best to ensure all previous marriages are legally ended before entering into a new one.

The Divorce Process in Texas

Since getting divorced is a prerequisite for remarrying in Texas (unless widowed), it’s important to understand the basics of the divorce process:

1. Residency Requirement: At least one spouse must have been a Texas resident for six months and a resident of the county where the divorce is filed for 90 days.
2. Grounds for Divorce: Texas allows both fault and no-fault divorces. No-fault grounds include “insupportability” (irreconcilable differences). Fault grounds include adultery, cruelty, felony conviction, abandonment, living apart for at least 3 years, or confinement to a mental hospital.
3. Waiting Period: There’s a 60-day waiting period from the date of filing before a divorce can be finalized (with some exceptions).
4. Property Division: Texas is a community property state, meaning most property acquired during the marriage is split 50/50.
5. Alimony: Spousal maintenance may be awarded in certain circumstances.
6. Child Custody and Support: If children are involved, the court will make decisions based on the best interests of the child.

The divorce process can be complex and time-consuming, which is why some people choose to remain legally married even after separating from their spouse. However, this can create legal complications if one wishes to remarry.

Cultural and Social Perspectives on Multiple Marriages

While there’s no legal limit on sequential marriages in Texas, societal attitudes towards multiple marriages can vary. Some people view repeated marriages as a sign of commitment issues or instability, while others see them as a natural part of finding the right partner.

In Texas, a state known for its blend of traditional values and individual freedom, attitudes can be mixed. Some communities, particularly in rural areas, may look askance at multiple marriages. In contrast, urban areas might be more accepting.

It’s also worth noting that religious beliefs can play a significant role in attitudes towards marriage and divorce. Texas has a diverse religious landscape, with large populations of Protestants, Catholics, and growing numbers of other faiths. Some religious communities may discourage divorce and remarriage, while others are more accepting.

Financial and Legal Implications of Multiple Marriages

While there’s no legal limit on how many times you can marry in Texas, multiple marriages can have significant financial and legal implications:

1. Alimony: If you’re paying alimony to a former spouse, this obligation typically ends if you remarry. However, if you’re receiving alimony, it usually ends if you remarry.
2. Social Security Benefits: Multiple marriages can affect your eligibility for certain Social Security benefits based on a former spouse’s record.
3. Inheritance: Multiple marriages can complicate inheritance issues, especially if there are children from different marriages.
4. Prenuptial Agreements: With each new marriage, you might consider a prenuptial agreement to protect assets, especially if you have children from previous marriages.
5. Name Changes: Changing your name with each marriage (and potentially changing it back after divorce) can be a complex process affecting various legal documents and accounts.
6. Tax Implications: Your marital status affects your tax filing status, deductions, and potentially your tax bracket.
7. Health Insurance: Remarriage can affect eligibility for health insurance coverage under a former spouse’s plan.

Given these potential complications, it’s advisable to consult with a family law attorney and a financial advisor when considering remarriage, especially if it’s not your first marriage.

Statistics on Marriage and Divorce in Texas

To put multiple marriages in context, let’s look at some statistics:

• According to the Texas Department of State Health Services, there were 177,015 marriages in Texas in 2019 (the most recent year for which data is available).
• In the same year, there were 76,423 divorces in Texas.
• The divorce rate in Texas is slightly lower than the national average, at about 2.6 per 1,000 population compared to the national rate of 2.9.
• About 30% of all marriages in Texas involve at least one partner who has been previously married.

These statistics suggest that while first marriages are still the norm, remarriages make up a significant portion of marriages in Texas.

Alternatives to Traditional Marriage in Texas

For those who have had multiple marriages and are hesitant about formally marrying again, Texas offers some alternatives:

1. Cohabitation: Living together without getting married is legal in Texas. However, it’s important to note that Texas doesn’t recognize “common law” marriages in the same way some other states do.
2. Domestic Partnerships: While Texas doesn’t have a statewide domestic partnership registry, some cities like Austin and Dallas offer domestic partnership benefits to same-sex and opposite-sex couples.
3. Cohabitation Agreements: Couples can create legal agreements that outline property rights, financial responsibilities, and other aspects of their relationship without getting married.

These alternatives can provide some of the benefits of marriage without the legal complications of a formal marriage.

Conclusion

In Texas, there is no legal limit on how many times you can get married, as long as each previous marriage has been legally ended before the next one begins. However, the process of ending one marriage and beginning another involves legal, financial, and emotional complexities that shouldn’t be underestimated.

Whether you’re considering your second marriage or your fifth, it’s crucial to approach the decision with careful thought and planning. Consider seeking advice from legal and financial professionals to understand the implications fully. Remember, while Texas law allows for multiple marriages, the goal should always be to enter into a marriage with the intention of it being a lasting, fulfilling partnership.

Ultimately, the number of times you can or should get married is a deeply personal decision. Texas law provides the freedom to make that choice, but with that freedom comes the responsibility to make informed, thoughtful decisions about your relationships and your future.

In an era where technology evolves faster than legislation, deepfake porn is a pressing issue that has garnered lawmakers’ attention. In 2023, Texas enacted a law specifically targeting deepfake pornography, and now U.S. Senator Ted Cruz is proposing federal legislation that expands protections for victims and increases penalties for perpetrators, including juveniles.

In this article, we will explain the current Texas deepfake porn law and also the proposed federal legislation – dubbed the “Take It Down Act” – by Senator Cruz (R-Texas), which stemmed from a case in North Texas.

Our firm has represented a number of people, including juveniles, who have been accused of deepfake pornography and are constantly navigating the complex legal landscape surrounding this offense.

What is Deepfake Pornography?

Deepfake pornography refers to digital media, usually videos, that are manipulated using artificial intelligence (AI) technology to create fake images or videos that appear real. This can range from simple face swapping to more sophisticated techniques where AI algorithms can generate lifelike videos of people engaging in sexual acts without their consent or knowledge.

Texas Deepfake Pornography Law

In 2023, Texas passed a law specifically addressing deepfake pornography. Texas Penal Code Section 21.165, titled “Unlawful Production or Distribution of Certain Sexually Explicit Videos,” went into effect on September 1, 2023. Under this statute, a person commits an offense if he or she:

• Without the effective consent of the person appearing to be depicted
• a person knowingly produces or distributes by electronic means
• a deepfake video that appears to depict the person with their intimate parts exposed or engaged in sexual conduct.
• The law defines a “deep fake video” as “a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.”

This offense is a Class A misdemeanor, punishable by up to a year in the county jail and a maximum fine of $4,000.

This law is part of Texas’s efforts to address the growing concern over the use of artificial intelligence to create sexually explicit content without consent. It’s important to note that this is one of two deepfake video laws in Texas as of 2024. The other one addresses the use of deepfakes in political communications, which is also a Class A misdemeanor.

Take It Down Act: Proposed Federal Legislation for Deepfake Pornography

In June 2024, Senator Ted Cruz, along with bipartisan co-sponsors, proposed federal legislation to address the issue of deepfake pornography. The Take It Down Act – an acronym for Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks – aims to expand protections for victims and increase penalties for perpetrators.

The proposed legislation stems, in part, from an incident involving a high school student from Aledo, Texas. Elliston Berry became a victim of AI-generated deepfake porn created by a classmate. The perpetrator used an app to impose nude images onto photos taken from Berry’s social media accounts.

Berry shared her story during a U.S. Senate committee hearing in Dallas, describing how she woke up on October 2, 2023, to messages informing her that explicit photos of her were circulating on social media. The case highlighted several issues that the Take It Down Act seeks to address. Here are key provisions of the proposed federal legislation.

• This proposed legislation aims to combat the growing issue of deepfake pornography and non-consensual intimate imagery (NCII) across the United States.
• Criminalization: The bill would make sharing AI-generated nonconsensual pornographic images on social media a federal crime.
• Penalties: Perpetrators could face up to two years in prison for distributing nonconsensual sexual images of an adult, and up to three years if the victim is a minor.
• Platform accountability: Social media platforms and similar websites would be required to remove offending content and its duplicates within 48 hours of being notified by the victim.
• Compliance requirements: Platforms would need to develop internal processes to deal with AI-generated nonconsensual images within a year of the bill’s passage.
• Enforcement: The Federal Trade Commission would be responsible for enforcing compliance with the 48-hour takedown deadline.

Interestingly, a lot of people accused of AI pornography are juveniles, and it’s rare to see juveniles prosecuted federally. This raises questions about how the federal law would handle cases involving minors. There may be a need for specific provisions or guidelines within the federal legislation to address juvenile offenders, focusing on rehabilitation rather than severe punitive measures. Balancing the need to deter these crimes with the understanding of juvenile behavior and development is a delicate balance that will need to be addressed.

Deepfake Porn Statistics

The phenomenon of deepfake pornography has escalated in recent years. Here’s a look at the numbers.

• Increased prevalence: The total number of deepfake videos online increased by 550% from 2019 to 2023.
• Platform presence: Seven out of the top 10 most visited pornographic websites host deepfake content.
• Gender bias: 99% of the victims targeted by deepfake pornography are women.
• Creation speed: It can now take less than 25 minutes and cost nothing to create a minute-long deepfake pornographic video using a single clear face image of the victim.
• Accessibility: Due to the widespread availability of deepfake video technology and low-cost apps, anyone with a smartphone can potentially create deepfake pornography.

These statistics highlight the pervasive nature of deepfake pornography and the ease of creation and widespread distribution. We can expect to see continued enforcement efforts by lawmakers, police, and prosecutors – many of whom will try to make an example of offenders to deter others from engaging in this activity.

Accused of Deepfake Porn? Contact Us.

If you or a loved one has been accused of creating or distributing deepfake pornography, the consequences can be severe and life-altering. At Varghese Summersett, our experienced criminal defense attorneys understand the complexities of these cases and are committed to protecting your rights and reputation. We also have Board Certified Juvenile Defense Attorney Lisa Herrick on our team for cases involving minors or young adults.

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When it comes to navigating the complex and emotionally charged waters of family law, having a seasoned, compassionate, and skilled legal team by your side can make all the difference. Our family court lawyers at Varghese Summersett stand at the forefront of family court representation, offering unparalleled expertise and a client-focused approach that has earned us a reputation as the go-to firm for family law matters.

With years of experience and a track record of success in family court cases, our team of dedicated attorneys understands the delicate nature of family disputes and the importance of achieving favorable outcomes for our clients. We combine legal acumen with empathy, ensuring that your rights are protected while working towards resolutions that serve the best interests of you and your loved ones.

In this comprehensive guide, we’ll explore the various aspects of family law, our firm’s approach to handling these sensitive matters, and why Varghese Summersett is the premier choice for those seeking expert legal representation in family court.

About Varghese Summersett

Varghese Summersett has established itself as a beacon of excellence in the field of family law. Founded on the principles of integrity, compassion, and unwavering commitment to our clients, our firm has grown to become one of the most respected legal practices in the region.

Our journey began with a vision to provide top-tier legal services that not only address the legal aspects of family disputes but also acknowledge the emotional and personal elements inherent in these cases. Over the years, we have built a team of highly skilled attorneys, each bringing a wealth of knowledge and experience to the table.

Our firm’s reputation is built on a foundation of successful case outcomes, client satisfaction, and professional recognition. We are proud to have been consistently ranked among the top family law firms by various legal directories and peer review organizations. Our attorneys have been recognized for their legal acumen, with many holding leadership positions in professional associations and regularly contributing to legal publications.

Our accolades include:

• Our family lawyers have been named Best Lawyers in America by Best Lawyers and Best Lawyers in Texas by Forbes Advisor for 2024.
• Our lawyers have been included in Super Lawyers and Rising Stars lists.
• Our lawyers have secured a number of awards on Avvo for service and a 10-Star Rating.
• The firm has acquired over 1,000 5-star Google reviews.

These recognitions reflect our commitment to excellence and our dedication to achieving the best possible outcomes for our clients.

Areas of Practice

At Varghese Summersett, we offer comprehensive legal services covering all aspects of family law. Our expertise includes:

Divorce

Divorce can be one of the most challenging experiences in a person’s life. We guide our clients through both contested and uncontested divorce proceedings, ensuring their rights and interests are protected throughout the process. Our approach is tailored to each client’s unique situation, whether that involves negotiating a settlement or litigating complex issues in court.

We handle various types of divorce cases, including:

• High-asset divorces
• Divorces involving business owners or professionals
• Gray divorce

Divorcing with Children

Child Custody and Support

The well-being of children is paramount in any family law case. Our attorneys are skilled in crafting child custody arrangements that serve the best interests of the child. We assist in:

• Developing parenting plans
• Negotiating custody agreements
• Representing clients in custody disputes
• Modifying existing custody orders

Regarding child support, we ensure that calculations are fair and accurate, taking into account all relevant factors such as income, shared custody arrangements, and special needs of the children.

Alimony/Spousal Support

Alimony can be a contentious issue in many divorces. Our team has extensive experience in both securing alimony for deserving spouses and defending against unreasonable alimony claims. We work diligently to:

• Assess eligibility for spousal support
• Calculate appropriate support amounts
• Negotiate the duration of support payments
• Modify existing alimony orders when circumstances change

Property Division

The equitable distribution of assets is crucial for a fair divorce settlement. Our attorneys have a keen understanding of complex property division issues, including:

• Valuation of businesses and professional practices
• Division of retirement accounts and pensions
• Handling of inherited assets and separate property
• Uncovering hidden assets

We employ forensic accountants and financial experts when necessary to ensure a comprehensive and accurate division of marital property.

Adoption and Guardianship

Expanding families through adoption or establishing legal guardianship requires careful navigation of complex legal processes. Our firm assists with:

• Stepparent adoptions
• Foster care adoptions
• Establishing and managing legal guardianships

We guide clients through every step, from initial paperwork to finalization, ensuring compliance with all legal requirements.

Prenuptial and Postnuptial Agreements

Marital agreements can provide peace of mind and clarity for couples. We draft and review:

• Prenuptial agreements before marriage
• Postnuptial agreements during marriage

Our goal is to create enforceable agreements that protect our client’s interests while fostering trust and transparency in their relationships.

Our Approach: Client-Centered Advocacy

At Varghese Summersett, we believe that effective legal representation begins with understanding each client’s unique circumstances and goals. Our client-centered approach means:

• Personalized attention from experienced attorneys
• Regular communication and updates on case progress
• Tailored legal strategies that align with your objectives
• Emotional support and resources to help you through difficult times

We take the time to listen to your concerns, answer your questions, and provide honest, realistic advice about your legal options.

Mediation and Settlement

While we are prepared to litigate when necessary, we recognize that amicable resolutions often lead to more satisfactory and lasting outcomes, especially in family law cases. Our attorneys are skilled mediators and negotiators who strive to:

• Facilitate productive discussions between parties
• Identify creative solutions to complex disputes
• Reduce emotional and financial stress through alternative dispute resolution
• Preserve family relationships where possible

Litigation Experience

When litigation is unavoidable, our courtroom experience becomes invaluable. Our trial attorneys are known for their:

• Thorough case preparation and strategic planning
• Persuasive argumentation and presentation skills
• In-depth knowledge of family law statutes and case precedents
• Ability to handle high-conflict and complex cases effectively

We approach litigation with the goal of achieving the best possible outcome while minimizing the emotional toll on our clients and their families.

Why Choose Varghese Summersett

Experienced Attorneys

Our team of family court lawyers brings decades of combined experience to every case. Each attorney at Varghese Summersett who handles family cases:

• Is specifically focused on family law, ensuring deep expertise in this area
• Regularly participates in continuing legal education to stay current with law changes
• Has handled a diverse range of family law cases, from simple to highly complex
• Possesses the skills to navigate both negotiation and litigation effectively

Proven Track Record

Our success speaks for itself. With over 1,000 5-star reviews on Google, our clients consistently praise our:

• Ability to achieve favorable outcomes in challenging cases
• Clear communication and guidance throughout the legal process
• Compassionate approach to sensitive family matters
• Efficient handling of cases, saving time and resources

Comprehensive Support

We understand that family law issues often involve more than just legal challenges. That’s why we offer:

• Access to a network of trusted professionals, including therapists and financial advisors
• Resources for co-parenting and child-centric divorce approaches
• Guidance on rebuilding your life post-divorce or separation
• Ongoing support for modifications and enforcement of court orders

Frequently Asked Questions

Q: What should I expect during a divorce process?

A: The divorce process typically involves several stages, including filing the petition, discovery of assets and debts, negotiations or mediation, and potentially a trial if an agreement cannot be reached. Our attorneys will guide you through each step, explaining your rights and options along the way.

Q: How is child custody determined?

A: Child custody decisions are based on the best interests of the child. Factors considered include the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, and the child’s preference (if they are of sufficient age). We work to present a compelling case for our clients’ desired custody arrangements.

Q: Can alimony be modified after a divorce is finalized?

A: Yes, alimony can often be modified if there is a significant change in circumstances, such as a job loss or major health issue. Our attorneys can help you petition for a modification or defend against an unwarranted change in alimony payments.

Q: How long does a typical family court case take?

A: The duration of a family court case can vary widely depending on the complexity of the issues and the level of conflict between parties. Simple, uncontested matters may be resolved in a few months, while more complex cases can take a year or longer. We strive to resolve cases as efficiently as possible while ensuring thorough representation.

Q: What sets Varghese Summersett apart from other family law firms?

A: Our combination of extensive experience, client-focused approach, and comprehensive support services distinguishes us in the field of family law. We’re not just lawyers; we’re advocates who are committed to guiding you through every step of your legal journey with compassion and expertise.

Client Testimonials

“Varghese Summersett was a godsend during my difficult divorce. Their expertise and compassion made a world of difference. I felt supported and informed throughout the entire process.” – Sarah M.

“I was impressed by the level of dedication the team at Varghese Summersett showed in my custody case. They fought tirelessly for my rights as a father and helped me maintain a strong relationship with my children.” – Michael T.

The attorneys at Varghese Summersett handled my high-asset divorce with utmost professionalism and discretion. Their attention to detail ensured that no stone was left unturned in protecting my interests.” – Jennifer L.

Contact Us

Ready to discuss your family law needs with our expert team? We offer flexible consultation options to suit your preferences and schedule:

• In-person consultations at our office
• Video consultations via Zoom
• Phone consultations for your convenience

To schedule your consultation, please call us at (817) 203-2220 or fill out our online contact form. Our team is available to answer your questions and provide the guidance you need to move forward with confidence.

Conclusion

Choosing the right family court lawyer can significantly impact the outcome of your case and your future. At Varghese Summersett, we combine legal expertise with a compassionate approach to provide unparalleled representation in all areas of family law. Our commitment to client success, backed by our extensive experience and resources, makes us the premier choice for those facing family legal challenges.

We understand that every family law case is unique, and we’re dedicated to crafting personalized strategies that address your specific needs and goals. Whether you’re contemplating divorce, navigating child custody issues, or dealing with any other family law matter, our team is here to guide you through the legal process with skill and empathy.

Don’t face these challenging times alone. Reach out to Varghese Summersett today to schedule your consultation and take the first step towards resolving your family law concerns with confidence. Let us put our expertise to work for you, ensuring that your rights are protected and your voice is heard in family court.

Remember, your family’s future is too important to leave to chance.