If you’ve been arrested for improper photography, you could be facing serious jail time. Under Texas law, you can be charged with improper photography if you photograph, or otherwise visually record, someone without their consent, with the intent to sexually satisfy any person. Earlier this week, you may have read this story about Wendee Long, a Ft. Worth middle school principal, who is accused of having her daughter hide a camera in the daughter’s locker room in order to record her coach being verbally abusive toward members of the daughter’s volleyball team.
In reading the story, I’m very much inclined to agree with Ms. Long’s attorney, who doesn’t believe that a crime had been committed. Even if the allegation is true, Ms. Long’s intent in hiding the camera was not to gratify anyone’s sexual desire. Hence, under these facts, I don’t see how she could possibly be found guilty at trial of improper photography (of course, I’m assuming the article correctly recites the allegation).
Improper Photography OR Visual Recording
Texas Penal Code Section 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this section, “promote” has the meaning assigned by Section 43.21. (b) A person commits an offense if the person: (1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room: (A) without the other person’s consent; and (B) with intent to arouse or gratify the sexual desire of any person;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room: (A) without the other person’s consent; and (B) with intent to: (i) invade the privacy of the other person; or (ii) arouse or gratify the sexual desire of any person; or (3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law. (e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person’s consent under that subdivision. Related Pages:
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