Improper Photography: Taking Pictures Without Consent
It’southward safe to say that mod technology has made many people into apprentice photographers. Whether they are snapping selfies or taking a video in a public place, virtually anybody has
instant access to high-definition video and picture show recording
capabilities. The popularity of smart phones means that most people have a powerful camera in their pocket or in their hand at any time.
Texas Laws on Improper Photography
It’southward prophylactic to say that modern technology has fabricated many people into amateur photographers. Whether they are snapping selfies or taking a video in a public identify, nearly everyone has
instant access to high-definition video and pic recording
capabilities. The popularity of smart phones means that most people have a powerful camera in their pocket or in their hand at any fourth dimension.
In virtually cases, this blazon of paradigm recording is not a problem. However, when someone chooses to use this technology to have pictures of other people without consent,
legal problems could ascend. The Texas law regarding improper photography has inverse recently and legal cases could be directly afflicted by this alter.
What Is Improper Photography?
Although well-nigh people have the ability to take a photo at nearly any fourth dimension,
they may non legally be allowed to do so in certain situations. The land of Texas has a law in place regarding when and where photos can exist taken.
Violating this law could lead to criminal charges.
Chapter 21.15 of the Texas Penal Lawmaking spells out the legal definition of improper photography. The police force was inverse recently to focus on “invasive visual recording” rather than strictly “improper photography”. This is because the improper photography law was determined to have the potential to
violate the constitutional rights of people who made recordings in public.
The new law is much more specific in its focus. It criminalizes any visual recording which:
- Records a photo or video image of a person without that person’s consent and with the intent to invade that person’s privacy
- Records images of a person’s intimate areas when that person has a reasonable expectation of privacy
- Records a person in a changing room or bathroom
It is also illegal to promote or distribute images which have been taken in this style. The old police force criminalized images which were taken without consent
for the purpose or arousing or gratifying the sexual desire of any person. However, this diction is non very specific because
it can be hard to prove a person’s intentions
when they have photographs.
The new law tin be applied specifically to cases that involve a person who takes images of the breasts or genitals of some other person when that person has a reasonable expectation of privacy.
The Event of Privacy
One of the biggest bug in these type of cases is
the affair of privacy. While some people might experience that they are always protected from invasions of privacy in all places, this is not necessarily the case. A person who is in a public location, such equally a charabanc or in a shopping mall,
does not have a guaranteed right to privacy. This is because information technology would be very difficult to prosecute cases involving a person who was taking pictures in public. It tin be difficult to testify the intent of a person who snaps a few photos in a public identify.
Yet, if a person is in their ain habitation, a changing room or in a bathroom, they have a legally valid expectation of privacy. In social club for photos in these locations to exist legal, the person being recorded would have to give limited consent to the recordings. Without consent, these photos would exist evidence of a criminal activity.
A person who is establish guilty of invasive visual recording tin expect some severe penalties. Under the law, this crime is a state jail felony. This means that a person who is establish guilty of this criminal offense may confront:
180 days or up to two years
in state jail
- A fine of
upward to $10,000
Additionally, a person who violates this law may exist banned from certain areas and may be placed on supervised probation.
Although the new police force is much more specific, it tin can even so be difficult to apply.
The widespread usage of portable recording devices can make these cases very complex. For example, a defense attorney might contend that a defendant charged with invasive visual recording did not have the intent to violate privacy.
The attorney could contend that the defendant was taking pictures for an innocent purpose and did not intent to capture images of intimate areas. If intent cannot exist proven by the prosecution, the charges might be dropped or reduced.
Are you being charged with improper photography or visual recording? You need an aggressive lawyer yous tin can trust. Contact attorney Brett Podolsky today at713-227-0087.