Invasive Visual Recording
Chapter 21 of the Texas Penal Code sets restrictions and guidelines regarding sexually based offenses in the state of Texas.
“Invasive Visual Recording”, as per § 21.15 of the Texas Penal Code, occurs when a person, without the other person's consent and with intent to invade the privacy of the other person:
- photographs or by videotape or other electronic means records, 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;
- photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
- knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by the previous two bullet points.
"Female breast" means any portion of the female breast below the top of the areola.
"Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
"Changing room" 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.
An offense under this section is a state jail felony and is punishable by confinement in a state jail for a period ranging 180 days to 2 years, as well as a fine of up to $10,000.
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000