Improper Photography

Improper Photography or Visual Recording

Under Texas Penal Code Section 21.15, the crime of Improper Photography or Visual Recording is charged as a State Jail Felony. Each element of the crime must be proven beyond all reasonable doubt including:

1. a person photographs or by videotape or other electronic means;
2. records, broadcasts, or transmits;
3. a visual image of another;
4. at a location that is not a bathroom or a private dressing room;
5. without the other person’s consent; and
6. with intent to arouse or gratify the sexual desire of any person.

Alternatively, a person can commit the offense if the person:

1. a person photographs or by videotape or other electronic means;
2. records, broadcasts, or transmits;
3. a visual image of another;
4. at a location that is a bathroom or private dressing room;
5. without the other person’s consent; and
6. with intent to invade the privacy of the other person or arouse and gratify the sexual desire of any person;
7. knowing the character and content of the photograph, recording, broadcast, or transmission.

Related crimes commonly prosecuted under Texas law include voyeurism, invasive visual recording, and unlawful disclosure.

Attorney for Crimes for Improper Photography in San Antonio, TX

In addition to just taking the photograph or video, the statute also prohibits promoting a photograph, recording, broadcast, or transmission described above.

If you were charged with the felony offense of improper visual recording or photography under Section 21.15, Penal Code, then contact an experienced criminal defense attorney in San Antonio, TX, and throughout Bexar County. Attorney Don Flanary also represents clients in the greater San Antonio area including Bandera County, Atascosa County, Comal County, Kendall County, Guadalupe County, Wilson County, and Medina County.

Call (210) 738-8383 today for a free and confidential consultation.

Definitions in the Improper Photography or Visual Recording Statute

For purposes of the Improper Photography or Visual Recording Statute, Texas uses the following definitions:

• The term promote is defined to mean to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.

• A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or to cause the result.

• A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.

• A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.