"Invasive Visual Recording" is the statute under the Texas Penal Code that criminalizes "upskirting," "creeping," and generally being a camera-assisted peeping Tom. This offense is categorized under the portion of the Texas Penal Code dealing with Offenses Against the Person (Title 5) and is further categorized as a Sexual Offense under Chapter 21. Texas law gives police the right to arrest individuals they suspect of taking (or spreading) images or video of another person's "intimate areas" or another person in a bathroom or changing room.
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Criminal charges for Invasive Visual Recording often come in the context of hidden cameras in dressing rooms and restrooms, where the case usually turns on whether the prosecutor can prove that the Defendant was the person who actually installed the recording device. Additionally, §21.15 Invasive Visual Recording is often charged in the context of surreptitious recording of sexual acts, like when someone makes a non-consensual sextape.
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This offense, like many other sex offenses criminalized under Texas law, often involves argument about whether the alleged victim consented to the conduct in question. This statute specifically calls out whether signage indicating that a person is being recorded is enough to establish consent to being recorded. The answer? No. Signs warning people that they may be recorded in a bathroom or changing room will not be enough to show that the recording was consensual.
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If you've been charged with a sexual offense under §21.15, Invasive Visual Recording, you need an aggressive, strategic, and powerful Texas criminal defense attorney. Diablita Criminal Defense, PLLC will handle your case professionally and efficiently, crafting your strongest defense and fighting for you. Every day that your case sits without representation is a day that law enforcement officers, investigators, and prosecutors are building their case against you. Be proactive -- an early defense is a strong defense. Schedule your FREE case evaluation today and speak with the Devil. Don't wait! Get Texas’s top defense with Atty. Madolyn García Falone.
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Texas Penal Code §21.15, Invasive Visual Recording, is defined as follows:
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b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:
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(1) 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;
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(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
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(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).
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​​​​Don't delay! CALL DIABLITA TODAY for a free case evaluation– always complimentary, always confidential. ​
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This statute defines "Intimate Area" as:
"the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person."
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This statute defines "Female Breast" as:
"any portion of the female breast below the top of the areola."
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This statute defines "Changing Room" as:
"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."
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This statute defines "Promotes" as:
“to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.”
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The "statute of limitations" is a time limit set by law that tells the government how long they have to charge someone with a crime. Charges filed after the statute of limitations has passed are generally subject to dismissal.
The limitations period for Tex. Penal Code §21.15, Invasive Visual Recording, is 3 years.
Invasive Visual Recording is classified in Texas as a State Jail Felony.
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Invasive Visual Recording, like other State Jail Felonies, is punishable by 180 days -- 2 years in Texas state jail, as well as a fine of up to $10,000.
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CALL TODAY for a free case evaluation– always complimentary, always confidential.
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Probation may be granted to individuals who plead guilty or no contest to Invasive Visual Recording under Tex. Penal Code §21.15. Additionally, judges may accept plea deals for deferred adjudication in these cases.
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AN IMPORTANT NOTE ABOUT COMMUNITY SUPERVISION
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Texas law uses the term "community supervision" to describe standard probation as well as deferred adjudication.
Neither probation nor deferred adjudication "community supervision" is on the table for suspended sentences of over 10 years, regardless of what the offense is. Additionally, community supervision cannot be granted to any Defendant if it is shown that: (1) a deadly weapon was used or exhibited during the commission of the felony or immediate flight thereafter and (2) the Defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.a deadly weapon would be used o
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No. Currently Tex. Penal Code §21.15, Invasive Visual Recording, is not a registrable offense. However, the Texas legislature can add this offense to the list of registrable offenses at any time, and a person who pled guilty, was found guilty, or received deferred adjudication (even if later dismissed) for this offense would be required to register as a sex offender, even if the offense did not require registration at the time they were convicted.
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CALL TODAY for a free case evaluation– always complimentary, always confidential.
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About la Diablita
Texas Criminal Defense Attorney Madolyn García Falone
Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.
Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.
