A Potter County grand jury has indicted 33-year-old Johnnie Wayne Deckard Jr. of Hulbert, Oklahoma, on a charge of publish/threat to publish intimate visual material, after the woman's father told law enforcement that Deckard sent him the explicit video himself. Investigators say the video, dated to an incident on July 29, showed the woman performing a sex act and exposing her breast and buttocks.
According to KVII, investigators allege Deckard disclosed the video without the woman's consent and knew or had reason to believe it was created under circumstances where she had a reasonable expectation it would remain private, according to the criminal complaint. Investigators also allege Deckard intended to harm the woman by sending the footage directly to her father. A bond recommendation of $10,000 included a condition that Deckard have no contact with the woman, per the report.
Deckard was arrested in Wagoner County, Oklahoma, on August 31 and transported to the Potter County Detention Center, according to the outlet.
What Texas Law Says About the Charge
The charge against Deckard falls under Texas Penal Code Section 21.16, which makes unlawful disclosure of intimate visual material without consent and with intent to harm a state jail felony, according to the L&L Law Group.
To convict under the law, Texas prosecutors must prove lack of effective consent, intent to harm, a reasonable expectation of privacy, harm to the depicted person, clear identification of the depicted person, disclosure of visual material, and that the material depicted intimate parts or sexual conduct, per the Texas Penal Code.
A Pattern of Family-Targeted Disclosure
Nonconsensual intimate-image sharing involves the disclosure of intimate visual material without consent. Sharing or threatening to share such material online is conduct addressed by laws governing intimate visual material.
Civil lawsuits may also arise from the disclosure of intimate material.
Broader Legal Landscape
The case concerns Texas law governing nonconsensual intimate-image sharing.
Texas Penal Code Section 21.16 includes an identification requirement for the depicted person. The case is in Potter County.
