Understanding the Concept of Inappropriate Photography and Recording
In accordance with Section 21.15 of the Texas Penal Code, some types of photography can be considered a criminal act if they're conducted without the consent of the subject. This implies that an individual may be guilty of an offense if they:
Capture, broadcast, or disseminate a visual image of another person without their approval with the purpose of provoking or satisfying any individual's sexual desires.
Record, broadcast, or transmit a visual image of another person in a restroom or private changing room without their consent, with the objective of invading the individual's privacy or inciting or gratifying any person's sexual desire.
This can be done using "other electronic means," which could be using a cellphone or any other device to capture images or record videos.
In essence, it is illegal to capture or record images or videos of someone's private areas when they have a reasonable expectation of privacy, such as in public restroom stalls or store changing rooms.
Furthermore, distributing such images is also considered illegal if you were involved in their creation, sale, delivery, transmission, publication, distribution, circulation, or any other form of dissemination.
You could also face legal consequences if you receive and forward sexually explicit materials without the consent of the subject.
Supplementary Charges Associated with Inappropriate Photography
Violations of the Texas invasive visual recording law could lead to supplementary charges. If the subject is a minor (below 18 years in Texas), the act could be classified as child pornography, with penalties that are very severe and can escalate to first degree felonies as per Texas Penal Code Title 9, Section 43.
Even "sexting," which involves sending explicit images via text, can lead to imprisonment if it involves a minor.
Voyeurism, or live observations for sexual gratification, is considered illegal according to Texas Penal Code Section 21.16.
While many "spy cams" are legally installed for security purposes, it's important to remember that signs notifying people of surveillance do not equate to consent. Recordings taken without an individual's explicit consent could be deemed illegal.
Recent Developments in Texas Laws on Inappropriate Photography
Given the prevalence of photo and video capturing and sharing on email and social media platforms today, the scope of what is regarded as a criminal act has broadened over time. Texas legislators have taken a strong stance against such offenses to curb the invasion of people's privacy.
For instance, in 2015, state legislators formulated a new law pertaining to inappropriate photography: Section 21.15 of the Texas Penal Code.
In 2014, an excessively wide-ranging law on inappropriate photography in Texas was deemed unconstitutional by the Texas Court of Criminal Appeals, violating the First Amendment of the United States Constitution, which safeguards the right to freedom of speech.
To counter this, the new law prohibits invasive visual recordings of people's private areas without their consent, intending to infringe on their privacy.
Consequences for Inappropriate Photography and Invasive Visual Recording in Texas
In Texas, the repercussions for inappropriate photography and invasive visual recording can be quite serious. For a state jail felony, the criminal punishments can involve:
A prison sentence ranging from 180 days (6 months) to 2 years
A monetary fine up to $10,000
Home confinement or probation
Mandatory sex offender registration and counseling