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Improper Photography Or Visual Recording

Published: Aug 10, 2016 in Criminal Defense, Sex Crimes

Many people use photography and phone cameras in their everyday lives, and it’s possible for people to be wrongly accused of invasive recording. If you have been charged with improper photography or visual recording, contact the experienced Houston sex crimes defense lawyer Ned Barnett at (713) 222-6767.

An Extreme Case in Texas

Texas recently witnessed a harsh reminder of the laws against photographing or recording sexually explicit material and people without consent. U.S. Attorney Kenneth Magidson announced this spring that Rosa Linda Ganceres was charged with sexually exploiting a child and the production of child pornography.

Ganceres filmed her boyfriend sexually assaulting a young girl that she was babysitting. In June, she pled guilty to the felony and faces up to 30 years in prison. While this is an extreme and concerning example of illegally recording another person without consent, the cases brought by Texas prosecutors are usually far less black-and-white.

Illegal Invasive Visual Recording

Child pornography in any form is illegal, but Ganceres’ actions may have also violated a specific Texas law regarding unlawfully recording or taking pictures of someone in order to invade his or her privacy. Under the Texas Penal Code Section 21.15, it is illegal to photograph, videotape, or otherwise record:

  • An image of an intimate area of a person, if that person believes the intimate area to be private, or
  • An image of a person in a bathroom or changing area,
  • Without that person’s consent, and
  • With the intent to invade the person’s privacy.

The intimate area of a person can be the genitals, buttocks, and breasts – whether they are naked or clothed.

Violating Section 21.15 of the penal code carries with it up to 2 years in jail and a $10,000 fine.

Fighting These Charges

While the law against invasive visual recordings is important and protects people’s right to privacy, it can lead to people being accused of a crime when they did nothing wrong. Like many laws, it can be abused in some way.

With the rise of camera phones and easy-to-use video recorders, sexually explicit pictures and videos have become part of many people’s lives. For a number of adults, these are consensual sexual activities that they share with their partners. When people change their minds or regret their actions, it’s possible for them to accuse previous partners of invading their privacy and taking pictures or video without their consent. It’s also possible that there was a miscommunication and photos or videos were taken while the individual believed he or she had permission.

Unlike Ganceres’ explicit case of wrongdoing, men and women can find themselves charged with a felony sexual offense when they believed they were part of a consensual activity.

Call a Houston Sex Crimes Defense Lawyer for Help

If you’ve been arrested for or charged with a sex crime, contact a Houston sex crimes defense lawyer for help. Ned Barnett will sit down with you to learn your situation. He will figure out the holes in the prosecutor’s case and build you the strongest defense possible under the law.

Ned Barnett worked as a state and federal prosecutor for years, giving him a deep understanding of prosecutorial strategies. He is also a certified criminal lawyer by the Texas Board of Legal Specialization. When you work with Ned Barnett, you know you’ll receive aggressive representation.

If you’re facing charges for invasive video recording, call Ned Barnett right away at (713) 222-6767 for a free consultation.