Improper Photography Charges Defense
Houston Improper Visual Recording Lawyers :: The Law Office of Matthew D. Sharp
The illegal use of video technology, including cell phones and other video recording devices, can result in improper photography charges being filed. The Texas hidden camera law prohibits improper photography or visual recording for sexual purposes unless the person or persons being recorded has given their consent. When someone is accused of taking illegal photographs or video, they should immediately speak with a Houston improper photography charges attorney.
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Improper Visual Recording Charges in Texas
According to the Texas Penal Code, secretly photographing, recording, broadcasting or transmitting visual images of another person is a state jail felony if the person depicted in the visual content did not give their consent and if the inappropriate content was meant to “arouse or gratify the sexual desire” of someone else.
It is also illegal to intentionally record, transmit or broadcast images that were taken in a restroom, bathroom or private dressing room if:
- The depicted person did not give their consent.
- The intention of the alleged perpetrator was to invade the privacy of the victim or to “arouse or gratify the sexual desire” of anyone else.
- The recorded images promote other improper photographs or videos.
The growth of the Internet combined with the availability of cheap visual recording devices has revolutionized the pornography industry. A growing number of pornographic websites now compete to satisfy the public’s appetite for sexual photos and video recordings. Moreover, the increase in popularity of things like accidental “upskirt” videos have provided prosecutors with unique ways to apply Texas’ hidden camera law.
If an individual forwards an explicit photograph or visual recording, he may be prosecuted even if he only learns afterward that the images were recorded illegally. If the material that was forwarded or otherwise transmitted includes a minor child, a child pornography charge may ensue.
Improper Photography Charges Penalties
If a person does not have permission to record or photograph someone else, he may face a state jail felony. A conviction could result in a state jail sentence ranging from six months to two years. Posting a sign to notify someone that they will be recorded does not constitute consent.
Seek Help From an Improper Photography Charges Lawyer in Houston, TX
Inappropriately recording someone else without their consent is a serious sexual offense. Establishing a criminal record, especially a felony, can dramatically affect the personal life and professional prospects of a defendant. Aside from the loss of important personal liberties such as the right to vote or own a firearm, a felony conviction can greatly restrict educational and vocational opportunities.
Schedule a free case evaluation with The Law Office of Matthew D. Sharp and let them fight for you.