The Texas Penal Code makes it a state jail felony to videotape or photograph another person if it is done under one of the following conditions:
If visual images are transmitted or broadcast from a restroom or private dressing room, the perpetrator might face sex crime charges if the images invade another’s privacy or are used to arouse or gratify the sexual desire of any person.
Receiving a video containing sexually explicit material and then forwarding it to another individual could be a violation of the law if the recipient of the video knows that the subject of the video did not give consent to being videotaped. It could be charged as child pornography if the individual in the video is a minor.
Posting a sign warning others that videotaping is taking place does not constitute consent. Instead, an individual must verbally consent to having images taken of him or her. This limitation does not apply to areas that the accused has exclusive control over, such as a private residence.
Those accused of improper picture taking or visual recording can face criminal sanctions that can include:
In defending these charges, an improper photography attorney will attempt to show that the accused did not intend to invade the subject’s privacy or use the images in question for sexual gratification. The issue of whether or not an individual actually consented to being photographed can sometimes come into play as well. An improper visual recording lawyer should aggressively question all witnesses involved in order to ensure there is not a conspiracy against the defendant or that no malicious intentions are involved in the bringing of charges.
A sex crimes attorney may also try to raise reasonable doubt as to where the images were taken.
Board-certified in criminal law by the Texas Board of Legal Specialization, attorney Brett A. Podolsky aggressively fights to ensure the rights of his clients are not violated by the state of Texas. He has more than 15 years of experience in his profession, and he brings the knowledge he gained as a former assistant district attorney to the table in each case. He uses this expertise to anticipate the prosecutor’s next moves and then counteracts them with his own defense strategy.
For assistance with improper photography or visual recording charges, give Brett A. Podolsky a call at 713-227-0087.
