Houston Invasive Visual Recording Defense Attorney
Have you been accused of invasive visual recording? In Texas, it is illegal to engage in this type of recording, and if you are found to be doing so, you could face severe penalties for doing so. If you have been charged with this crime or are facing questions about it, we highly encourage you to reach out to our firm for immediate help. We will explain your rights and help to defend you in a court of law.
What is Invasive Visual Recording?
The term invasive visual recording refers to any type of recording – video or photographs – that are taken in an explicit or sexual manner. This can be done without the consent of the person in the photos. In Texas, this is considered a sex crime.
Texas Laws on Invasive Visual Recording
Texas law makes it illegal to engage in this type of activity. The specific wording of this law includes the following:
Invasive Visual Recording in Penal Code Section §21.15 as follows:
(b) A person commits an offense if, without the other person’s consent and with intent to invade the privacy of the other person, the person:
(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).
The Texas Penal Code, Section 21.15 outlines what invasive visual recording is and outlaws it. In this law, a person that:
- Photographs
- Records
- Broadcasts
- Or plans to do so
In some way, and that involves a person’s intimate areas, when that person is in a space that is considered to have a reasonable expectation of some privacy, this could warrant a charge. This could include any situation in which a person believes they are in a private setting, like in a dressing room, bedroom, bathroom, or other enclosed space, and visual recordings are taken without their consent.
Texas law defines “intimate areas” as the following, in either naked or clothes situations:
- Genitals
- Buttocks
- Female breast
- Anus
- Pubic area
It is not legal to take photos or videos of these areas, even for private use. More so, it is illegal to distribute them or send them in any way to anyone else without the person’s specific consent. That includes recording them, posting them, or otherwise transferring them over the internet, through videotape, through email, or by phone.
If you have been accused of any of these types of acts, contact our Houston attorney that handles invasive visual recording cases for immediate help. Do not make any claims or statements to the police without legal guidance and support by your side.
Common Penalties for Invasive Visual Recording
Texas law takes these types of claims seriously. The extensiveness of the claims and the specific situation will determine what the penalty level is. This can range from 180 days in incarceration and up to 2 years for most first time offenses. There are also fines that can amount to $10,000 or more. It is common for people to also receive probation for 2 to 5 years, depending on the situation.
One of the key concerns here is that repeat offenders can expect to see harsher penalties. As a result of multiple offenses, this can elevate the charges to a third degree felony. This can also occur if there is a firearm used or any type of object is used to hurt a person or causes the death of a person. Punishment in these situations is more severe, often ranging from 2 to 10 years of prison time and additional fines. Probation in these situations can be as long as 10 years.
Because the penalties for these claims are so significant, ensure you are working with a highly skilled attorney, no matter how minor you believe your case to be. Allow our legal team to work closely with you to protect your rights.
Top Questions About Invasive Visual Recording Charges in Texas
Is invasive visual recording in Texas a felony?
It may be considered a felony in some situations, including repeat offender cases as well as in situations where harm comes to a person or a weapon is used.
Is it illegal to video record someone in public in Texas?
The Invasive Video Recording law in the state of Texas makes it illegal to record those who have a reasonable expectation of privacy, especially in any sexual context or exploitative manner, when they do not give consent.
How the Law Office of Nathaniel Pitoniak Can Help You with Invasive Visual Recording Charges
If you have been accused of, questioned about, or charged with invasive visual recording in Texas, seek out an experienced defense attorney immediately. Our law office can provide you with the support you need in this very difficult charge. Our approach to these cases include:
- Gathering evidence in your case
- Working to understand what occurred and then creating a legal defense strategy for you
- Defending you in a court of law
- Providing insight into legal options available to you
- Working to eliminate or reduce charges and penalties in your case
- Aggressively supporting you throughout this legal process
At the Law Office of Nathaniel Pitoniak, we work closely with our clients to ensure you receive comprehensive protection of your rights throughout the process. We encourage you to take action now.
Contact the Law Office of Nathaniel Pitoniak for Immediate Help
Our defense attorney is available to discuss your case with you. We offer support 24/7 to support our clients. Don’t speak to law enforcement without legal support by your side. Call us now for a consultation to discuss your case.
