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Invasive Visual Recording

Recording or photographing someone in an exploitive and sexual way without his or her consent can be considered a sex crime in Texas.

In 2015, the Texas Legislature enacted a law to fight back against invasive visual recording known as the “upskirt bill,” which refers to photographing underneath women’s dresses or skirts in public. Under the law, prosecutors are not required to prove that the accused was trying to gratify sexual desires by taking invasive photos and recordings.

San Antonio Sex Crimes Defense Attorney

Like other sex crimes, being accused of invasive visual recording can damage your reputation and important relationships you need to maintain. If you’ve been accused of invasive recording, then we suggest you maintain legal counsel as soon as you can. The attorneys at Goldstein & Orr have been helping people charged with criminal offenses throughout San Antonio, Bexar County and cities throughout Texas for more than 50 years. Our attorneys fight sex crime allegations in both state and federal court.

No matter the circumstances, contact us to discuss your charges during an initial phone or office consultation. Call (210) 226-1463 for a free phone consultation.

Definition of Invasive Visual Recording

Invasive visual recording is defined in section 21.15 of the Texas Penal Code. A person commits this offense if he or she photographs, records or broadcasts a person’s intimate areas in a space that has the reasonable expectation of privacy, such as a bathroom or a changing room, without the victim’s consent.

Intimate area is defined as “the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.” Texas’ invasive visual recording law also makes it illegal to distribute or transmit any photos or recordings of a person’s intimate areas without his or her consent. This includes sending any photos or recording through the internet, by phone, through email, videotape and other methods that are used to transfer images and videos.

Penalties for Invasive Visual Recording

Invasive visual recording is a state jail felony punishable by 180 days to two years in state jail and a fine of up to $10,000. Probation punishment can last two to five years with a fine up to $10,000.

Invasive visual recording can be enhanced to a third-degree felony if the accused used a firearm or any other object that could be used to inflict serious bodily injury or death. The punishments for a third-degree felony can be two to 10 years in prison and up to $10,000 in fines. Probation can last two to 10 years along with a fine up to $10,000.

Fighting Invasive Visual Recording Charges

If you were arrested for or are under investigation for any type of crime that involves invasive recording charges, the experienced criminal defense attorneys at Goldstein & Orr in San Antonio, TX can ensure your rights are retained. A charge does not mean a conviction. We represent clients on a wide variety of criminal sexual offenses throughout Bexar County, TX.

Call (210)226-1463 to discuss your case.





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