Many people are unfamiliar with the criminal offense of invasive visual recording until they are arrested and charged. However, once you are arrested, know this is a serious matter with many potentially costly consequences. Prosecutors in Houston aggressively pursue these types of charges, so you need an attorney to build an aggressive defense for you.
At the Law Office of Nathaniel Pitoniak, we regularly defend against serious criminal charges involving sexual conduct and similar allegations. When you need a strong defense, you want our firm on your side. Call (832) 315-6283 to consult our firm if you face charges in Houston. Someone is available 24/7 to take your call.
Why Choose Us for Your Defense?
When you have an invasive visual recording case, having an experienced and knowledgeable criminal defense lawyer is critical. At the Law Office of Nathaniel Pitoniak, we have over 15 years of experience handling criminal cases, including many types of sex crimes and related charges.
Our defense attorney, Nathanial Pitoniak, is a former felony prosecutor who also served as former chief prosecutor, giving him particular insight into how prosecutors approach different types of criminal cases. We have achieved successful outcomes for our clients at all stages of the criminal process, including not guilty verdicts, pre-trial interventions, and even getting charges rejected before an arrest even occurred.
When you need a reliable defense in Houston, you need the Law Office of Nathaniel Pitoniak. Call us today to learn more.
Texas Law on Invasive Visual Recording
Invasive visual recording is a serious crime in the state of Texas, falling under the criminal sexual offenses. Texas Penal Code Section 21.15 defines invasive visual recording as the act of photographing or recording another person without their consent in certain private areas, such as a bathroom or changing room, with the intent to arouse or gratify someone’s sexual desire.
Texas authorities take invasive visual recording charges very seriously. You must mount a strong defense if you have been accused of this offense. Prosecutors must prove three key elements to secure a conviction for invasive visual recording.
- First, they must show that the accused person intentionally or knowingly recorded another person without their consent. Simply recording someone without their knowledge is not enough to constitute a crime. The act must occur with the intent to invade the person’s privacy.
- Second, prosecutors must prove that the recording was made in a place where the person being recorded had a reasonable expectation of privacy. This can include areas such as bathrooms, changing rooms, and private residences. Note that if the recording was made in a public space where there is no expectation of privacy, it may not meet this element of the crime.
- Lastly, prosecutors must establish that the recording was made in a manner that was intended to arouse or gratify the accused person’s sexual desire. This element is important in cases involving invasive visual recording, as it distinguishes the crime from other forms of recording without consent. This sexual intent element can be proven through circumstantial evidence, such as the location of the recording or the accused person’s actions surrounding the recording.
If the prosecutor cannot prove any of these elements beyond a reasonable doubt, it may be possible to challenge the invasive visual recording charges. Our experienced Houston defense attorney can review the evidence against you and help build a strong defense strategy. We explore all potential legal defenses, such as lack of intent or consent, to challenge the prosecution’s case.
What Penalties Do You Face?
You may face severe penalties if you are convicted of invasive visual recording in Texas. The offense is generally a state jail felony, which can result in a prison sentence ranging from 180 days to two years and a fine of up to $10,000. Additionally, you may have to register as a sex offender, which can have lifelong consequences on your personal and professional life.
Because these penalties can be so harsh and life-altering, you need to avoid or minimize them with the right defense representation whenever possible. The Law Office of Nathaniel Pitoniak is ready to defend you.
Common Defenses Against These Charges
If you have been accused of invasive visual recording, we will explore all possible defenses. Some common defenses against these charges include:
- Lack of intent: If we can show you did not have the intent to arouse or gratify someone’s sexual desire with the recording, it may be possible to have the charges dismissed or reduced.
- Lack of consent: If the alleged victim gave their consent to be recorded, or if there is evidence to suggest that they were aware of the recording and did not object, this may be a viable defense.
- Unlawful search and seizure: If the recording was obtained through an unlawful search and seizure, it may be possible to have the evidence suppressed, making it difficult for the prosecution to proceed with the case.
How Our Criminal Defense Lawyer Can Assist You
Facing charges of invasive visual recording can be terrifying. However, with the help of our experienced criminal defense lawyer, you can face the process with confidence. Here are some of the ways we can assist you:
Investigation and Evidence Analysis
We will conduct a thorough investigation into the circumstances surrounding your case. This includes analyzing any evidence, such as video footage or witness statements, to build a strong defense strategy.
Negotiating for Reduced Charges or Penalties
Our skilled negotiator will work diligently to negotiate with the prosecution for reduced charges or penalties. We will advocate for your best interests and strive to achieve the most favorable outcome possible.
Representing You in Court
If your case goes to trial, you can rely on our legal knowledge and courtroom experience to aggressively advocate for your innocence. We will present a compelling defense and challenge any evidence or testimony presented by the prosecution.
Consult a Houston Invasive Visual Recording Lawyer Right Away
If you are facing charges of invasive visual recording in Houston, consult our defense firm as soon as possible. The consequences of a conviction can be costly, and you need a skilled advocate on your side.
Contact the Law Office of Nathaniel Pitoniak at (832) 315-6283 to schedule a confidential consultation. Our team is ready to fight for your rights and to provide you with an honest assessment of your case.
