Definition of Improper Photography or Visual Recording - Texas Penal Code Section 21.15

§ 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 visually records another:

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual desire of any person; or

(2) knowing the character and content of the photograph or recording, promotes a photograph or visual recording described by Subdivision (1).

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.

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Comments (4) Read through and enter the discussion with the form at the end
David R. Harvey - November 26, 2007 9:59 PM

I'm in the middle of an issue involving my wifes ex-husband. We currently have a judgment that my son can not be at our home during times of her standard visitation. Her ex-husband has video taped my son at my home with out my permission. Is the fact that he has made this video illegal and if so what avenue can I use?

DRH - November 26, 2007 10:02 PM

Correction to the posting Nov 26. The visitation is between her two boys from her marriage to the ex-husband. My son is of no blood relation.

Chuck Gallagher - January 10, 2008 7:38 AM

So how does this affect an employer who uses audio/video recording equipment for quality assurance and training purposes? If that fact is posted in the room for all to read where the video/audio recording is taking place is that sufficient notice?

Michael - February 14, 2008 9:58 PM

Well I install video audio systems an i was just charged with video taping a work in the store i installed this system in, i made no copes of anything that was recorded, i just used the online part to view the system to see that it was recording, per the owner of the system, Yes i was ask to check it, but was in fact charged with a state jail Felony this law is way out of line with what those police offices are using it for, talk about a bad misused law,

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