Invasive visual recording, similar to voyeurism, is essentially the statutory law against “creeping” or being a “Peeping Tom.”
With the advance in handheld technology, particularly cellphones, watches, Google glasses, and other discrete items that have the ability to photograph and record, invasive visual recording has become increasingly common.
The issue is, not just that people have a lot of access to one another, but also that, it is so easily done that most individuals fail to recognize the serious felony consequences that follow conviction.
Moreover, many instances of invasive sexual recording are also a result of revenge porn, which could subject an alleged offender to multiple other criminal offenses –including federal charges.
Attorney for Invasive Visual Recording Charges in Georgetown, TX
If you or someone you know has been charged with invasive visual recording or has found his or herself under investigation for such charges, contact an experienced Texas criminal defense attorney.
Michael J. Price of Price & Twine, PLLC is an experienced and dedicated litigator who fights to get the best possible result for his clients, including reduced bonds and having criminal charges completely dropped.
Price & Twine, PLLC is located in Williamson County, Texas, and takes cases throughout the surrounding counties of Bell County, Lee County, Bastrop County, Milam County, Burnet County, and Travis County.
Call (512) 354-1880 now to schedule a no obligations, confidential consultation, Michael J. Price.
Elements of Invasive Visual Recording under Tex. Pen. Code. § 21.15
Invasive visual recording, also known as voyeurism, is charged as a serious felony offense in Texas. In order to convict an individual of invasive visual recording in violation of Texas Penal Code § 21.15, the State of Texas must prove all of the elements beyond a reasonable doubt.
The Code states that a person commits Invasive Visual Recording if, without the other person’s consent and with the intent to invade the privacy of the other person, the individual does the following:
- He or she photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of any of the following:
-
- An intimate area of another person (if the other person has a reasonable expectation that the intimate area is not subject to public view);
-
- An image of another person in a bathing or changing room; or
- He or she, knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described above.
Additionally, Tex. Pen. Code § 21.15 establishes that if such conduct that constitutes an offense under this section also constitutes an offense under a different section, that the offender may be prosecuted under this section or the other law.
Useful Definitions of Section 21.15
Texas Penal Code § 21.15 outlines a number of definitions for clarity when determining what is considered an “intimate area” and also other words that require specificity under the law.
For purposes of Section 21.15, the following definitions are important.
“Intimate area” is defined as the naked or clothed genitals, pubic area, anus, buttocks, or female breasts of a person.
“Female breast” is defined as any portion of the female breast below the top of the areola.
“Changing room” is defined as a room or portioned area provided for or primarily used for the changing of clothes and includes dressing rooms, locker rooms, and swimwear changing areas.
Criminal Penalties for Invasive Visual Recording
Being convicted of invasive visual recording under Texas Penal Code § 21.15 will subject an individual to serious felony consequences. In Texas, a §21.15 conviction is charged as a state jail felony.
A state jail felony is punishable by up to two (2) years in jail and up to $10,000 fines.
The Texas Punishments Statue automatically increases the penalty of a state jail felony conviction to a third-degree felony, if the offender is found to have used or displayed a deadly weapon as defined by Section 1.07, during the commission of the charged offense.
Thus, if an individual uses a deadly weapon during the commission of an invasive visual recording, then he or she may be charged with a third-degree felony.
In Texas, third-degree felonies are punishable by up to up to ten (10) years in Texas State Prison and up to $10,000 fines.
Additional Resources
Sec. 21.15 Tex. Pen. Code – Visit the official website of the Texas Legislature for the full statutory language of Invasive Visual Recording. Also find similar crimes such as voyeurism, and other sex crimes found in Chapter 21 entitled “sexual offenses” of the Texas criminal code.
Find a Lawyer for Invasive Visual Recording in Williamson County, TX
If you or someone you know has been charged with invasive visual recording in violation of Tex. Pen. Code § 21.15 or a similar offense such as voyeurism, contact an experienced criminal defense attorney.
Attorney Michael J. Price is a committed and tireless advocates who will fight to get your charges dropped. His office is located in Georgetown, Texas, and he accepts cases throughout Williamson County and in the following counties of Bell County, Milam County, Lee County, Bastrop County, Travis County, and Burnet County, Texas.
Call Price & Twine, PLLC at (512) 354-1880 now and allow our attorney to provide a complete and thorough evaluation of your case at no charge to you. Our consultations are confidential and are subject to no obligations.