Improper Photography/Invasive Visual Recording

With the advancement of cell phones and the popularity of social media, taking pictures of others has become common. A compromising picture or video of someone else may seem funny to you, but not to the person you recorded. At times, this conduct can cross the legal line, resulting in you being charged with a crime. Now is not the time to try and talk yourself out of this, as your explanation might solidify the charges against you.

When you hire The Wilder Law Firm, you will be putting more than 25 years of experience to work for you. We will explain the process, review your situation, and establish the most effective defense to guide you through this most difficult time. Do not attempt going through the court process alone. Your future and your freedom are on the line and you need us to protect you. Contact The Wilder Law Firm at 214-741-4000 for the help you need.

What is Invasive Visual Recording?

When does casual photography turn into a crime? Invasive visual recording is defined by Texas Penal Code Section 21.15. This statute states that:

A person commits this offense when they::

  1. Photograph or by videotape or other electronic means record, broadcast, or transmit 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 videotape or other electronic means record, broadcast, or transmit 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, promote it (Section 21.15(b)).

To commit this offense, a person must act without the other person’s consent and with intent to invade the privacy of the other person.

We Are Ready to Defend You

When you engage our services, we will thoroughly review the facts of your case and conduct all necessary research in an effort to present the strongest, most effective defense possible. Although there are no specific affirmative defense options written in law, there are defenses that can be established on your behalf. We will investigate the “invasiveness” of the recording to see if it actually violates the law and as to whether the person consented to the original recording and only changed their mind later.

Penalties of Invasive Visual Recording

Invasive visual recording is considered a state jail felony in Texas and the potential penalties are:

  • A prison sentence of 180 days to two years.
  • A fine up to $10,000.
  • Probation for 2-5 years.

Additional penalties might include:

  • Permanent criminal record.
  • Immigration issues.
  • Ineligibility for professional licenses or the loss of your current license.
  • Difficulty working in certain fields.
  • Inability to possess firearms.
  • Difficulty getting approved for loans.

A proper defense prepared by the Wilder Law Firm can help you avoid severe penalties.

Our #1 Goal is Protecting Your Future

If you or a loved one are being accused of invasive visual recording, put The Wilder Law Firm in your corner. We know how to effectively defend people who hire us and trust us with their future. Do not attempt to navigate these waters alone as trying to explain what happened could put you in a more difficult position. Contact us today at 214-741-4000 for the help that you need.   

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We are passionate and determined about what we do, and we fight for our clients. If you’ve found yourself or a loved one in trouble, don’t give up hope. We have a criminal defense attorney who can help.

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