Invasive Visual Recording
In June 2015, the Texas Legislature enacted the new penal code statute of Invasive Visual Recording to replace the previous statute of Improper Photography which in 2014 the Texas Court of Criminal Appeals in the case of Ex Parte Thompson struck down as an unconstitutional violation of the First Amendment the portions of the former statute that criminalized photographing someone not in a private area, without that person’s consent, and with the intent to arouse or gratify any person’s sexual desire. In response, the Legislature made changes and retitled the “up skirt/down blouse” offense to Invasive Visual Recording.
Lawyer for Invasive Visual Recording in Houston, Texas
If you were arrested in southeast Texas for allegedly videotaping or taking photographs of another person without his or her consent, it is important to retain experienced legal counsel as soon as possible. The attorneys with James G. Sullivan & Associates fight for clients all over the Greater Houston area.
James Sullivan is an experienced criminal defense attorney who represents clients accused of sex crimes in Houston, Spring, Cypress, Katy, Pasadena, Conroe, The Woodlands, Hempstead, Waller, Richmond, Sugar Land, Pearland and Angleton. Call(281) 546-6428 for a thorough and honest evaluation of your case.
Invasive Visual Recording Charges in Harris County
According to Texas Penal Code § 21.15(b), a person can be charged with invasive visual recording under if the person, without the other person's consent and with intent to invade the privacy of the other person, does any of the following:
- (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;
- (2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
- (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
According to this statute, “intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person; “female breast” means any portion of the female breast below the top of the areola; and, “changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
According to Texas Penal Code § 43.21(a)(5), “promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
Invasive Visual Recording Punishment in Texas
Invasive visual recording is a state jail felony punishable by:
- Between six months to two years in state jail; and
- A fine of up to $10,000.
James G. Sullivan & Associates | Houston Invasive Visual Recording Lawyer
If you were arrested for alleged invasive visual recording in southeast Texas, it is extremely important to retain legal counsel. The defense attorneys at James G. Sullivan and Associates defend individuals all over the greater Houston area, including Harris County, Montgomery County, Fort Bend County, Brazoria County, and Waller County.
Harris County criminal defense attorney James Sullivan will work to help you receive the most favorable outcome to your case. Call (281) 546-6428 for a free confidential consultation to review your case and discuss your legal options.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.