Improper Photography or Visual Recording

Minton, Burton, Bassett & Collins, P.C.

Texas Penal Code, ยง 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING

  • In this section, “promote” has the meaning assigned by Section 43.21.
  • A person commits an offense if the person:
    • photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
      • without the other person’s consent; and
      • with intent to arouse or gratify the sexual desire of any person;
    • photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:
      • without the other person’s consent; and
      • with intent to:
        • invade the privacy of the other person; or
        • arouse or gratify the sexual desire of any person; or
    • 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).
  • An offense under this section is a state jail felony.
  • If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
  • For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person’s consent under that subdivision.
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