Creating a visual recording of another individual without their consent can land you in serious trouble in the state of Texas. Ever since the “upskirt bill” was passed in 2015, individuals can face criminal charges if they are found photographing or videotaping another person’s “intimate area” without them realizing this is taking place.
Invasive visual recording is considered a state jail felony, and it can cause an individual to face years in jail followed by expensive court-ordered fines that could be as expensive as $10,000. This is why it’s so important to make sure you’ve got a criminal defense attorney on your side as soon as possible.
Have you or someone you know been arrested for invasive visual recording? If so, it is important to make sure you have a criminal defense attorney on your side as soon as possible. Failure to align yourself with a defense attorney will not serve you well. From the moment you are charged with this crime, prosecutors and investigators will make an attempt to collect evidence that will put you behind bars for years to come.
Serving Denton, Frisco, Plano, McKinney, Dallas, and many other cities in Texas, the Law Offices of Richard C. McConathy provide elite legal services to those in need. Led by experienced criminal defense attorney Richard C. McConathy, our legal team can provide you with a strong defense that has the potential of bringing about a desirable outcome that will land in your favor. We’re passionate about the clients we serve, and we’re confident in our ability to defend you in a court of law. For more information on how we can be of assistance to your criminal case, call us today at 469-304-3422 for a free consultation.
● Definition of Invasive Visual Recording
● Penalties of Invasive Visual Recording
● Invasive Visual Recording Resources
According to the Texas Penal Code Section 21.15, an individual is guilty of committing invasive visual recording if they are found doing any of the following:
● Photographing, videotaping, electronically recording, broadcasting, or transmitting a visual image of the intimate area of another person if the offending party has a reasonable expectation that the area in question is not subject to public viewing
● Photographing, videotaping, electronically recording, broadcasting, or transmitting a visual image of another person in the restroom (bathroom) or dressing (changing) room
● Promoting any photograph, recording, broadcast, or transmission that contains an invasive visual recording.
The same statute provides definitions for terms such as “intimate area” and “changing room”. According to Texas law, an “intimate area” in this context is considered to be the pubic area, buttocks, anus, naked/clothed genitals, or a person’s female breast.
In this statute, “changing room” is defined as a room or area that is primarily used for taking off and putting on clothing, such as a locker room, dressing room, or a swimwear changing area.
In the state of Texas, invasive visual recording is considered to be a state jail felony. Because of this, individuals can face up to 2 years behind bars and up to $10,000 in fines if they are convicted of this crime. It is important to remember that individuals can be convicted of this crime even if the prosecution is unable to prove that the visual recordings were captured as a result of one’s sexual desires or urges.
2 years and $10,000 can seem like an extremely steep price, and it is. However, it is important to remember that the consequences of this conviction will not stop there. If convicted of this crime, you will have a permanent blemish on your criminal record. A crime like invasive visual recording can undoubtedly make people see you differently. For example, employers may see you as untrustworthy and predatory, and your loved ones’ opinions of you may completely change, possibly even overnight.
If you are in a custody dispute, this is also a bad charge to be convicted of. If the other party gets a hold of this information, they can use it to their advantage while painting you in an extremely heinous light. In turn, this may prevent you from ever having a close relationship with your children until they are legal adults. Because of this, it is important to hire a Collin County criminal defense attorney as soon as you are made aware of your charges.
Sexual Assault Prevention and Crisis Services - This link takes you to the official website of Texas Attorney General Ken Paxton. Here, you can learn more about the Sexual Assault Prevention and Crisis Services (SAPCS) that Texas officials have provided for residents and citizens who have dealt with or are dealing with sexual assault.
Texas State University: Sexual Assault Resources - This link takes you to the official website of Texas State University, where you can take a look at some of the resources they have provided for TXST students and anyone else in Texas who has suffered from sexual violence. There are health centers, counseling centers, and women’s shelters throughout Texas that have been specifically made for individuals who have been victimized by sexual predators.
Invasive visual recording charges can have a terrible, long-term negative effect on your life. It can turn you into a convicted felon overnight. It can cause the court of public opinion to completely change their tune and vilify you. Because of these reasons and more, it is extremely important for you to hire a criminal defense attorney.
Led by Richard McConathy, the Law Offices of Richard C. McConathy are here to help you whenever things seem bleak. Facing criminal charges can be extremely confusing and discouraging, and convictions can completely hijack and derail your future. Serving Collin, Denton, Tarrant, Dallas, and many other cities and communities located in the Lone Star State, our legal experts specialize in criminal defense representation.
Make sure you have everything you need to fight back against your invasive visual recording charges. Our experienced legal experts have worked with sex crimes cases for years, and we know how to assist a client in need of legal representation. We are ready to take on your case, and we are confident in our ability to bring about a desirable outcome for you. For more information on how we can be of assistance, call us today at 469-304-3422 for a free consultation.