In the state of Texas, it is illegal to create a visual recording of another person that depicts them in a sexual or exploitive manner without their consent. In 2015, the Texas Court of Criminal Appeals enacted a new law that defined and detailed exactly what invasive visual recording is, and how it can be punished. Now that this is in place, individuals can be charged with this crime, even if it cannot be proved that the visual recording was meant to sexually arouse or gratify the alleged perpetrator.
Invasive recordings taken without the other party’s permission have no place in society. However, if you have been charged with this crime and you are attempting to dispute the charges, it would be in your best interest to make yourself aware of the definition of this crime, and the penalties associated with it. Most importantly, you will need to hire a criminal defense attorney to help you defend your honor and freedom.
Invasive visual recording is a sex crime, and even the mere accusation of this can cause someone’s reputation to be permanently stained. Being convicted of this crime can lead to jail time, a felony conviction on your record, expensive fines, and extreme judgment from virtually everyone around you. These consequences can derail a life, but hiring a criminal defense lawyer can help you beat or reduce your charges.
Have you been charged with invasive visual recording and you are currently searching for a Denton criminal defense attorney? If so, get in touch with the Law Offices of Richard C. McConathy. Our team of legal professionals led by Richard McConathy is here to serve the public and provide each client with elite criminal defense services. Serving Denton, Collin, Tarrant, Wise, Rockwall, Ellis, and many other communities located in the state of Texas, McConathy Law is confident in our ability to get things done in a court of law. If you are searching for legal representation, call us at 940-222-8004 to receive a free consultation and learn more about our services. You can also get in touch with us through our online contact page.
● Definition of Invasive Visual Recording
● Consequences of Invasive Visual Recording
● Resources for Invasive Visual Recording in Denton, Texas
In the state of Texas, an individual can be convicted of invasive visual recording if they are found guilty of infringing on the laws put in place through the Texas Penal Code § 21.15. Section 21.15 states that it is illegal to:
● Photograph, videotape, electronically record, broadcast, or transmit a visual image of an intimate area of another individual if they have a reasonable expectation that the intimate area is not subject to public view
● Photograph, videotape, electronically record, broadcast, or transmit a visual image of another individual in a bathroom or changing room
● Promote an invasive visual image or recording
The consequences of invasive visual recording are severe. According to Texas law, this crime is classified as a state jail felony, carrying a prison sentence ranging from 180 days to 2 years. It can also carry a fine that can be as expensive as $10,000. In addition to this, individuals who have been convicted of invasive visual recording may also find themselves facing two to five years of probation, along with being forced to pay the previously mentioned fine.
If an individual commits invasive visual recording and is also guilty of using a firearm, weapon, or any other object that could be potentially used to seriously harm or kill another person during the offense, their charges can be upgraded to a third-degree felony. When this happens, the punishments will be enhanced to a two to 10-year prison sentence, alongside a fine that may not exceed $10,000. They may also be subject to 10 years of probation.
While they may be the most visible consequences, jail time and court-mandated fines are not the only consequences of being convicted of invasive visual recording. Texas courts are hard on individuals who are convicted of sex crimes, but the court of public opinion will typically have no mercy on alleged offenders. Many of the people who are convicted of this crime struggle to find gainful employment and higher learning opportunities, and others will undoubtedly deal with the embarrassment and shame that comes with a conviction like this.
Denton County Friends of the Family: Sexual Assault - The Denton County Friends of the Family is a local shelter that provides emergency resources for individuals who have suffered from sexual assault. This link takes you to a page on their website defining sexual assault; the page also contains contact information for other organizations that can assist survivors of sexual assault.
I’m With Them - I’m With Them is an organization that aims to support victims of work-related sexual misconduct. This link takes you to their website, where you can find resources that support survivors of sexual assault, as well as individuals suffering from mental health issues. You can also register with I’m With Them to join their cause and help create safer workplaces around the world.
If you have been charged with invasive visual recording, it is important to make yourself aware of the laws and punishments surrounding this crime. However, the most important task in front of you is hiring a criminal defense attorney quickly and efficiently. Hiring an attorney is essential to receiving a favorable outcome to your criminal case, and it is crucial that you make sure you’re choosing the right lawyer for your unique situation.
Serving Denton, Rockwall, Ellis, Tarrant, Dallas, and many other counties and communities located in Texas, The Law Offices of Richard C. McConathy can help you if you have found yourself facing criminal charges. Since 2002, our team of professionals has proudly represented countless Texans in a court of law, and we have a proven track record of helping our clients receive favorable outcomes to their criminal cases. Led by experienced Denton criminal defense lawyer Richard McConathy, our law firm is committed to providing expert legal representation to every individual that chooses us to handle their case. For more information on how we can help you with your legal matters, contact us today at 940-222-8004 to receive a free consultation. You can also get in touch with our Denton office by visiting our online contact page and filling out the short form we have provided.