Defining Invasive Visual Recording Under Texas Law
Invasive visual recording in Texas is a state jail felony defined under Texas Penal Code § 21.15, which prohibits capturing or transmitting visual images of an intimate area of another person without their consent and with intent to invade their privacy. This offense applies to recordings made in places where the person has a reasonable expectation of privacy, such as changing rooms or bathrooms. This law also addresses the unauthorized transmission of these images.
Invasive Visual Recording is a State Jail Felony
Invasive visual recording is considered a state jail felony. Conviction can lead to a punishment ranging from 180 days to two years in a state jail and may include fines up to $10,000. This reflects the severe breach of privacy represented by this crime.
Statute of Limitations for Filing Charges in Texas
The statute of limitations for invasive visual recording is three years in Texas. This means legal action must be initiated within three years from the date of the recording to pursue charges against the perpetrator.
Eligibility for Probation in Invasive Visual Recording Cases
Deferred adjudication, probation, and state jail time are all possibilities for Invasive Visual Recording cases in Texas. The terms of probation are contingent on the court’s assessment of the case details, the defendant, and the defendant’s prior criminal record. Probation terms may vary significantly based on these factors.
Sex Offender Registration Requirements
Invasive visual recording does not require an offender to register as a sex offender.
Legal Defenses Against Invasive Visual Recording Charges
Some defenses in cases of invasive visual recording can include demonstrating a lack of intent to invade privacy, showing that the subject had no reasonable expectation of privacy, or proving that the accused believed they had consent to record.
Prohibited Recordings: What You Cannot Capture
Under Texas Penal Code § 21.15(a), it is illegal to record the following without consent:
- Female breast: Any part of the female breast below the top of the areola.
- Intimate area: This includes the genitals, pubic area, anus, buttocks, or female breast, whether clothed or unclothed.
- Changing room: Any area designated for changing clothes, including dressing rooms, locker rooms, and swimwear changing areas.
Learn more: upskirting or downblousing as an offense in Texas.
Related and Similar Charges in Texas
- Voyeurism (Texas Penal Code § 21.17)
- Electronic Transmission of Certain Visual Material Depicting a Minor (Texas Penal Code § 43.261)
- Possession or Promotion of Child Pornography (Texas Penal Code § 43.26)
- Unlawful Disclosure or Promotion of Intimate Visual Material (“Revenge Porn”) (Texas Penal Code § 21.16)
- Harassment (Texas Penal Code § 42.07) – when involving electronic communications of visual material
- Breach of Computer Security (Texas Penal Code § 33.02) – if it involves accessing someone’s device to obtain intimate images
- Stalking (Texas Penal Code § 42.072) – when involving repeated visual recording or surveillance
Contact Us
If you have been charged with Invasive Visual Recording in Tarrant County, Dallas County, or a surrounding county, call us today at (817) 203-2220.
