Defense Lawyer for Illegal Videotaping or Photography ; Is it illegal to videotape someone without their permission?

In Texas, it’s a crime to photograph, videotape record, broadcast, or transmit a visual image of another person's "intimate area" without first obtaining the other person's consent if the other person has a reasonable expectation that the intimate area is not subject to public view; and the recording or broadcast is made with the “intent invade the privacy" of the other person.

It’s also a crime in Texas to photograph or videotape record, broadcast, or transmit a visual image of another in a bathroom or dressing room if the recording is made without the other person's consent and the recording or broadcast is made with intent to invade the privacy of the other person; or if, knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission.

Both of these situations are State Jail Felony charges. A sign or signs posted letting a person know he or she is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not enough to establish the person's consent.

 

Invasive Video Recording

The Texas video recording law changed in 2015. For any alleged illegal video recording said to have happened after June 18, 2015, the new law applies. It is not called Invasive Video Recording. The newer law clarifies several terms and tries to clear up some constitution concerns with the old law.

In this context “intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. “Female breast” means any portion of the female breast below the top of the areola (a small circular area, in particular the ring of pigmented skin surrounding a nipple).

A “changing room” for these purposes 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.

Under the new law Invasive Video Recording is a State Jail Felony. This means the punishment is from 180 days to 2 years imprisonment in the Texas Department of Criminal Justice – State Jail Division.

Putting up a sign warning people that they are being recorded is not enough to avoid being prosecuted for Invasive Video Recording. A sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish that the person being recorded consented.

1. photograph or video record (by any electronic means), broadcasts, or transmits a visual image 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;
2. photograph or by video record (by any electronic means), broadcasts, or transmits a visual image of another in a bathroom or changing room ; or
3. knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by numbers 1 or 2 of this list.