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

Improper Photography & Invasive Visual Recording Lawyer

 

Under Texas law, there are legal limits on photography and recordings based on the right to privacy. When you violate someone’s privacy with improper photography or invasive recording, you could go to prison, pay a fine, and have a permanent criminal record.

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.

What Is Improper Photography or Visual Recording in Texas?

According to the Texas Penal Code Section 21.15, Invasive Visual Recording makes it a crime for you to photograph, record, or transmit the following without consent:

  • The intimate area of another individual, if they believed the public would not see that area
  • An image of someone in a bathroom or changing room

Under Texas Statute Section 21.16, it is unlawful to disclose intimate visual materials by sending them through the internet, phone, email, videotape, or other methods used to transfer images and videos. You also may not promote improper photography or invasive recordings by manufacturing, selling, giving, providing, or otherwise offering to do one of these things.

What Is an “Intimate Area” Under the Law?

It is illegal to photograph or record someone else’s intimate area when they expect that part of their body to be private. Texas Penal Code Section 21.15(a)(2) defines “intimate area” as:

  • Naked or clothed genitals
  • Pubic area
  • Anus
  • Buttocks
  • Women’s breasts

Are ‘Upskirt’ Photos Illegal in Texas?

Another example of an illegal photograph or recording under this law is photographing up a woman’s skirt in a public place. The woman was wearing clothing in public, so it is reasonable to assume she expected her pubic area and buttocks to remain private from those around her.

Some states have specifically outlawed “upskirt” images. In Texas, any photo of a person’s intimate parts without consent is illegal.

Invasive Visual Recording in Changing Rooms

A changing room is any area provided or primarily used for changing clothes, including dressing rooms in stores, locker rooms in schools and sports facilities, and changing rooms at pools and beaches.

A changing room can exist in a myriad of places and in various forms. The prosecutor and judge are likely to look at the law’s intent regarding whether you violated the privacy of a changing room.

Definition of Transmitting Images

Under Texas Statute Section 21.16, it is unlawful to disclose or promote intimate visual materials. This means it is illegal to send improper photos or recordings through the internet, phone, email, videotape, and other methods used to transfer images and videos.

Criminal Penalties for Improper Photography/Invasive Visual Recording in Houston

Invasive visual recording in Texas is a state jail felony. For a first offense, you could face up to 180 days in jail and a possible fine of up to $10,000. Instead of jail, you could face probation of two to five years and a maximum fine of $10,000.

If the accused used a firearm or other object to threaten or inflict injury or death. In that case, the penalty is a third-degree felony. These charges carry penalties of two to 10 years in prison and a maximum fine of $10,000, or probation of two to 10 years.

When Does Improper Photography Become Child Pornography?

Texas law regarding improper photography encompasses victims of any age. You are likely to be charged with improper photography if you victimize an adult. However, if the victim is a minor, you may face harsher sex crime charges.

Under Texas Penal Code Section 43.26, it is illegal to create, possess, own, or otherwise distribute any visual imagery of children involved in sex acts. Child pornography is a serious offense. Depending on the circumstances and your criminal history, you may face third, second, or first-degree felony charges.

Examples of Child Pornography Under Texas Law

You can be charged with the production of child pornography if you take photos of minors changing their clothing in a locker room. Child pornography charges may also apply if you are convicted of sexting a minor. You could be arrested on child porn charges if you record another adult sexually abusing or assaulting a child.

Penalties for Improper Photography or Invasive Visual Recording of a Child

Child pornography is a third-degree felony offense for first-time convictions punishable by:

These penalties increase with each subsequent commission of the offense.

Further Consequences of Child Pornography Conviction in Houston

Going to prison, paying a steep fine, or spending years on probation are just a few of the consequences of a child pornography conviction. Your life is affected in other ways, such as:

  • Child custody issues
  • Probation or parole requirements
  • Immigration or citizenship issue
  • Loss of firearm rights
  • Loss of eligibility for federal student aid
  • Trouble finding safe, affordable housing
  • Difficulty finding gainful employment

When the penalties are this harsh, you must take action to defend yourself. Your improper photography lawyer in Houston can help you figure out which defense strategy is most likely to produce a favorable outcome in your case.

Defenses Against Improper Photography or Invasive Recording Charges in Texas

It is possible to clear your name and avoid punishment for improper photography charges. Attorney Barnett is a former prosecutor who uses his insight and knowledge to your advantage. He is also one of the few criminal defense attorneys in Texas to earn a specialized certificate in criminal law.

Attorney Barnett understands the dire consequences you face if convicted on improper photography charges. He and his team use their resources and experience to defend you against false or unsubstantiated accusations. If he cannot persuade the prosecution to drop the charges against you, attorney Barnett is a skilled trial lawyer with many courtroom victories to his name.

The Other Party Consented

If there is evidence to support it, a strong defense is that you had the other party’s consent. Despite what the activity may look like, the subject of your photos or recording may have permitted you to take the actions you did. Depending on the images or recording content, we may argue that they do not display intimate areas.

Mistaken Identity

Another possible defense is that there has been a mistake of identity. You may be identified as the culprit even though you did not commit the crime. In this situation, we typically seek to prove you have an alibi.

Lack of Sufficient Evidence

We may use a different strategy to argue that the prosecutor lacks sufficient evidence to prove you committed the offense. It is the prosecutor’s job to prove each element of the crime beyond a reasonable doubt. If we can create reasonable doubt, we could convince the jury that the prosecution lacks evidence against you. This could lead to your acquittal.

Depending on your case, these defense options may be available. Your sex crimes lawyer in Houston could even negotiate with the prosecutor to obtain a plea agreement if the circumstances warrant it.

Charged with Improper Photography/ Invasive Recording? Contact a Houston Sex Crimes Lawyer Today

Are you charged with improper photography or visual recording in Texas? You want an experienced sex crimes defense attorney to protect your interests and rights between you and the prosecution.

To learn more about defending against invasive visual recording charges, contact The Law Offices of Ned Barnett at (713) 222-6767, or reach out online to schedule a free case consultation today.