Cell phones now allow everyone to be amateur photographers. With that in mind, Texas has enacted photography laws that prevent people from taking photographs of an intimate nature without the other person’s consent. Violating these laws can land a person in legal hot water and potentially earn them the label of “sex offender.”
Being accused of a sex crime can dramatically change your life. Few crimes carry the stigma that sex crimes carry. The experienced Dallas sex crimes attorneys of the Law Offices of Mark T. Lassiter are ready to help you fight the allegations against you and defend your reputation.
If you’ve been arrested for improper photography, you need to speak with a skilled Dallas sex crimes attorney immediately. Law enforcement and prosecutors may already be building a case against you. You need someone on your side, protecting your rights and crafting a strategic defense plan. Call the Law Offices of Mark T. Lassiter at (214) 845-7007 to learn more about your legal options and how we can help you fight back.
What Is Improper Photography or Visual Recording?
Texas labels improper photography and visual recording as a sex crime. Yet, what constitutes an improper recording? Texas law about invasive visual recording declares that taking photographs or videos of another person’s intimate areas without the consent of the individual is illegal. “Intimate areas” can include:
- Naked genitals
- Clothed genitals
- Pubic area
- Female breasts
- Anus
- Buttocks
The purpose of these images must also be meant to arouse or gratify the sexual desire of someone else. Improper photography laws make transmitting these explicit images through phone, email, or other methods illegal.
Examples of Potentially Improper Photography and Recording
Most people expect a basic right to privacy in areas where they may be caught in compromising or embarrassing situations. Bathrooms, changing rooms, and locker rooms are examples of areas where individuals may be changing clothes or performing intimate activities. People in these spaces expect some measure of safety and security away from the prying eyes of others. Recording videos or taking photographs of people in these locations may be considered a violation of Texas’s improper photography laws.
However, you may also be charged with improper photography by taking photos or videos in public spaces. “Upskirt” photos, or photographs taken underneath a woman’s skirt without her knowledge or consent, are also illegal. Generally, these photographs capture images of a person’s intimate parts, which they intend to keep private and covered by clothing.
Penalties for Improper Photography and Visual Recording
An invasive visual recording charge is considered a state jail felony in Texas. The penalties for a first offense can include:
- Fines up to $10,000
- Jail time between 180 days and two years
These charges can be elevated to a third-degree felony if a firearm or other object is used to threaten or harm another individual. Penalties for a third-degree felony offense can include:
- Fines up to $10,000
- Two to ten years in prison
Individuals convicted of an invasive visual recording charge may also be eligible for probation, depending on the circumstances of the case.
A conviction can change a person’s life in ways other than serving time or paying fines. Gaining a criminal record can impact your ability to get a job, secure housing, and apply for credit. A sexual offense on your criminal record can also hurt your professional and personal relationships and damage your reputation.
Photographs Capturing Minors
Laws against improper photography and visual recordings protect Texas adults. If images capture explicit or intimate images of minors, charges may be elevated and result in a more severe potential punishment. Videos or photographs that capture minors in locker rooms or bathrooms can be considered child pornography.
Child pornography is a third-degree felony. A first-time conviction for the offense can result in fines up to $10,000 and up to ten years in prison. An individual will also be required to register as a sex offender.
Defense Strategies for Improper Photography Charges
You can fight back against charges of improper photography in Texas. A skilled sex crimes defense attorney can review your case and craft a defense strategy that offers the best chance at a favorable resolution to your situation.
At the Law Offices of Mark T. Lassiter, we understand that no two cases are the same. Although there may be universal defense strategies for certain offenses, we would never take a cookie-cutter approach to your defense. We’ll strategically evaluate the specifics of your case and create a plan that addresses the unique qualities of your situation. Tactics that may be used to fight the charges against you can potentially include:
- Lack of evidence – Prosecutors must prove beyond a reasonable doubt that you committed an illegal offense. Proving this takes evidence. There may not always be sufficient evidence to prove that a crime has been committed or that you are the person who committed the crime. In some cases, it could be argued that the photos taken do not depict intimate areas. A skilled defense attorney may be able to create reasonable doubt and show that there is not enough evidence to result in a conviction.
- Consent was given – Improper photography charges hinge on there being no consent between the subject and the person taking the photographs or videos. There may be evidence that there was indeed consent between the parties.
- Improperly gathered evidence – Law enforcement officials must collect evidence by the book. A breach of protocol when gathering evidence against a suspect or committing a violation of the alleged suspect’s rights can result in charges being dropped or dismissed.
Contact a Dallas Sex Crimes Attorney Immediately
If you’ve been accused of or arrested on invasive visual recording charges, you need to speak with an experienced Dallas criminal defense attorney immediately. Texas officials don’t waste time when building their case against you. Protect your rights and speak with a Dallas sex crimes attorney at the Law Offices of Mark T. Lassiter about your defense.
To discuss your case with a knowledgeable attorney, call our office at (214) 845-7007 for your free case evaluation. The legal team at the Law Offices of Mark T. Lassiter wants to help you seek a favorable outcome for your situation.
