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Invasive Visual Recording in Texas

Defining Invasive Visual Recording Under Texas Law

Invasive visual recording in Texas is a state jail felony defined under Texas Penal Code § 21.15, which prohibits capturing or transmitting visual images of an intimate area of another person without their consent and with intent to invade their privacy. This offense applies to recordings made in places where the person has a reasonable expectation of privacy, such as changing rooms or bathrooms. This law also addresses the unauthorized transmission of these images.

Invasive Visual Recording is a State Jail Felony

Invasive visual recording is considered a state jail felony. Conviction can lead to a punishment ranging from 180 days to two years in a state jail and may include fines up to $10,000. This reflects the severe breach of privacy represented by this crime.

State Jail Felony in Texas

Statute of Limitations for Filing Charges in Texas

The statute of limitations for invasive visual recording is three years in Texas. This means legal action must be initiated within three years from the date of the recording to pursue charges against the perpetrator.

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Eligibility for Probation in Invasive Visual Recording Cases

Deferred adjudication, probation, and state jail time are all possibilities for Invasive Visual Recording cases in Texas. The terms of probation are contingent on the court’s assessment of the case details, the defendant, and the defendant’s prior criminal record. Probation terms may vary significantly based on these factors.

Sex Offender Registration Requirements

Invasive visual recording does not require an offender to register as a sex offender.

Legal Defenses Against Invasive Visual Recording Charges

Some defenses in cases of invasive visual recording can include demonstrating a lack of intent to invade privacy, showing that the subject had no reasonable expectation of privacy, or proving that the accused believed they had consent to record.

Tough cases call for the toughest lawyers.

Prohibited Recordings: What You Cannot Capture

Under Texas Penal Code § 21.15(a), it is illegal to record the following without consent:

  • Female breast: Any part of the female breast below the top of the areola.
  • Intimate area: This includes the genitals, pubic area, anus, buttocks, or female breast, whether clothed or unclothed.
  • Changing room: Any area designated for changing clothes, including dressing rooms, locker rooms, and swimwear changing areas.

Learn more: upskirting or downblousing as an offense in Texas.

Related and Similar Charges in Texas

Contact Us

If you have been charged with Invasive Visual Recording in Tarrant County, Dallas County, or a surrounding county, call us today at (817) 203-2220.

Varghese Summersett is a premier criminal defense firm based in Fort Worth, Texas. Our attorneys focus exclusively on criminal law and represent clients charged with crimes at both the state and federal level. We handle everything from DWI to capital murder to white collar crime. Collectively, our attorneys bring together more than 100 years of criminal law experience and have tried more than 550 cases before Texas juries. All of our senior attorneys served as former state or federal prosecutors and four are Board Certified in Criminal law, the highest designation an attorney can reach. We are the firm people turn to when the stakes are high and they are facing the biggest problem in their lives. - Contact Varghese at  
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