Invasive Visual Recording
Over the past ten years, Texas has seen an explosion in the prosecution of criminal defendants for the sex-related crime of improper photography or visual recording charged under § 21.15, Penal Code. Although this statute was created in 2001, prosecutions have become more frequent because of the development of the internet and the availability of inexpensive computers, digital cameras, and equipment. These new technologies have made it easier to secretly photograph or videotape sexual conduct without consent and spread pornography including revenge porn.
Criminal charges for violations of Section 21.15, of the Penal Code, are particularly serious because the cases often involve multiple images or video recordings, each of which can be prosecuted separately. Additionally, for these crimes, judges in Texas have the discretion to order a defendant to serve consecutive sentences following a single trial.
Elements of Invasive Visual Recording under Section 21.15
Under Texas Penal Code Section 21.15, invasive visual recordings are charged as a state jail felony. Each element of the offense must be proven beyond all reasonable doubt including:
- the defendant photographed or videotaped or used other electronic means to record, broadcast, or transmit a visual image;
- with intent to invade the privacy of the other person;
- without the other persons consent;
- of an intimate area of another person;
- if the other person has a reasonable expectation that the intimate area is not subject to public view;
- photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; and
- knowing the character and content of the photograph, recording, broadcast, or transmission.
The statute also prohibits promoting a photograph, recording, broadcast, or transmission described above.
Definitions under the Invasive Visual Recording Statute in Texas
For purposes of the invasive visual recording statute in Texas, the term “female breast” means any portion of the female breast below the top of the areola. The term “intimate Area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
“Changing room” means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
“Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, advertise, or 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.
Finding a Lawyer for Invasive Visual Recording
If you were charged with the criminal offense of Improper Photography or Visual Recording under Texas Penal Code 21.15, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC. Find an attorney experienced in representing clients charged with sex crimes and related offenses for improper photography intended to invade privacy under Penal Code 21.15(b)(2) and improper photography to arouse under Penal Code 21.15(b)(1).
Don Flanary represents clients throughout San Antonio, TX, and the surrounding communities of New Braunfels, Alamo Heights, Schertz, Boerne, Seguin, Hondo, Kirby, Timberwood Park, Universal City, Converse, Live Oak, Canyon Lake, Cibolo, Fair Oaks Ranch, Floresville, Helotes, Lackland AFB, Lakehills, Pleasanton, Selma, Windcrest, and Terrell Hills.
Don Flanary also represents clients in Bexar County and the surrounding counties of Medina County, Atascosa County, Bandera County, Wilson County, Kendall County, Comal County, and Guadalupe County.
Call 210-880-3931 or submit an online contact form to speak to an experienced criminal defense attorney.
- Indecent Exposure
- Public Lewdness
- Invasive Visual Recording
- Improper Photography
- Disclosure of Intimate Material
- Sexual Assault
- Aggravated Sexual Assault
- Continuous Sexual Abuse
- Educator and Student
- Indecency With a Child
- Child Pornography
- Sexual Performance By a Child
- Failure to Comply
- Sex Offender Registration
- Sexually Violent Predator Order
Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldn’t be happier if you find yourself needing a lawyer I would definitely come back to them again.
Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. That’s what Don Flanary and his law firm associates are and more. I found the Flanary Law Firm while searching for legal help for my son. At the time my family was distraught …
Without going into too much detail about what I was being accused of, my case was a life changing one. I was being accused of one of the worst things human being can be accused of. I did a ton of research on top attorneys in San Antonio and wha…
My fiancé and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. We interviewed with your typical overly-advertised law firms, but we didn’t feel like we were being take…
I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. His knowledge and ability within the courtroom are excellent,…
If you are looking for an attorney, then look no further! Don and Amanda will fight for you and guide you through the process. Great office staff and assistants.
River City Shooters