Charged With Invasive Visual Recording in Texas?

Texas Invasive Visual Recording Offenses

What are penalties for improper photography according to Texas Penal Code? The offense is a state jail felony. Texas law sets the confinement range and the fine that apply to that classification.

This page explains those penalties, the elements the State must prove, and other Texas laws that can reach similar conduct. It is general information, not legal advice about your case. Barbieri Law Firm represents people accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth and across Texas.

What Texas Calls This Offense and Where It Is Found

Texas calls this conduct invasive visual recording under Texas Penal Code § 21.15. Many people search for it as improper photography.

The statute covers recording or transmitting a visual image of another person’s intimate area, or of a person in a place of privacy, without consent. The intent to invade that person’s privacy must also be present.

The statute names a bathroom, bedroom and changing room as places where a person may reasonably expect privacy. A changing room includes dressing rooms, locker rooms and swimwear changing areas.

What the Statute Prohibits: The Elements

The State must prove that the other person did not consent. It must also prove intent to invade that person’s privacy. Consent and intent are the core questions in these cases.

Under Texas Penal Code § 21.15, the offense can take several forms:

• Recording a visual image of an intimate area that the person reasonably expects is not in public view.
• Recording a visual image of a person in a place of reasonable privacy.
• Knowing the content, promoting a recording covered by the two items above.

“Intimate area” includes naked or clothed genitals, the pubic area, the anus, the buttocks, and the female breast below the top of the areola. A sign saying the person is being recorded does not establish consent for the privacy-place offense.

For a wider overview of these charges, read the online sex crimes defense guide.

Base Penalty: State Jail Felony

The basic offense is a state jail felony. Texas Penal Code § 21.15(c) states that classification directly.

For a state jail felony, Texas Penal Code § 12.35 sets confinement in a state jail for not more than two years or less than 180 days. The court may also impose a fine of not more than $10,000.

The sentence in any case depends on the facts and the court’s decisions within the range set by law. No one can say in advance where a case will land within that range.

Enhanced Penalties and Higher Felony Tiers

Section 21.15 sets no separate enhanced tier of its own. The higher level comes from Texas Penal Code § 12.35(c).

Under Penal Code § 12.35(c), a state jail felony is punished as a third degree felony if it is shown on the trial of the offense that a deadly weapon was used or exhibited, or that the individual has a qualifying prior final felony conviction. One is when a deadly weapon was used or exhibited during the offense or in immediate flight from it, and the person used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited. The other is a prior final felony conviction under § 21.02 or 21.03, or for an offense listed in art. 42A.054(a), or with an affirmative finding under art. 42A.054(c) or (d). The State must show these facts at trial.

A third-degree felony carries imprisonment in the Texas Department of Criminal Justice for not more than 10 years or less than 2 years. A fine of up to $10,000 may also apply, under Texas Penal Code § 12.34.

Under Texas Penal Code § 12.46, a prior conviction used for enhancement can also be used again later for enhancement. Prior records matter for that reason.

Related Texas Statutes That Can Cover the Same Conduct

Yes, the same conduct can sometimes fall under more than one Texas statute. Texas Penal Code § 21.15(d) allows prosecution under that section or another law. The charging papers show which statute the State chose.

Texas Penal Code § 21.16 covers unlawful disclosure or promotion of intimate visual material. It requires disclosure without effective consent and with intent to harm, plus that at the time of the disclosure the person knows or has reason to believe the material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that it would remain private, harm to the depicted person, and disclosure that reveals that person’s identity. It is not a defense that the depicted person created the material or sent it to the actor. An offense under this section is also a state jail felony.

When the material shows a child, Texas Penal Code § 43.26 may apply. Its grading can reach first-degree felony levels, with much longer terms than a state jail felony.

Sex Offender Registration and Other Consequences

Once a duty to register exists, the end date varies. Except as provided by subsection (b) and Subchapter I, Texas Code of Criminal Procedure art. 62.101 requires a person with a reportable conviction or adjudication (other than an adjudication of delinquent conduct) for listed offenses, such as a sexually violent offense or an offense under Penal Code § 43.26, to register for life.

A conviction can also bring other effects, such as effects on employment, school or housing. Which ones apply depends on the offense and the person’s circumstances.

Common Questions About Photography in Public Places

Taking pictures in public does not meet the statute’s elements by itself.

Is taking pictures in public illegal in Texas?

Talking Through Your Situation With Barbieri Law Firm

If you’re reading this after learning of an investigation, a charge, or an accusation against a family member, you likely have many questions. Penalty ranges are only one part of the picture.

Call Barbieri Law Firm at (972) 424-1902, or send your case details through the contact form. Your first consultation is free, confidential, and has no obligation to continue.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.