What is Invasive Visual Recording in Texas?
Penal Code Section 21.15, now known as Invasive Visual Recording (formerly Improper Photography or Visual Recording), outlines instances in which taking a photograph or video is illegal in Texas. This law underwent significant amendments effective September 1, 2025, expanding its scope and consequences.
It is illegal to photograph or record a person without their consent when:
- The person is in a place where they have a reasonable expectation of privacy
- The recording captures an intimate area of another person without their permission while that person has a reasonable expectation that the intimate area is not subject to public view
- The person is in a bathroom or changing room
Here’s a breakdown of the key elements of this law:
- Illegal Photography or Recording: It’s an offense to photograph or record a person without their consent with the intent to invade their privacy. This applies to images captured by any means, including cameras, cell phones, or other electronic means. Important 2025 Update: Prosecutors are no longer required to prove intent to arouse or gratify sexual desire, making it easier to secure convictions.
- Reasonable Expectation of Privacy: As of September 1, 2025, Texas law defines this as “a place in which a reasonable person would believe that the person could disrobe in privacy, without being concerned that the act of undressing would be photographed or visually recorded by another.” This expressly includes bathrooms, bedrooms, and changing rooms, but is not limited to only these locations.
- Distribution: It is also an offense to promote a photo or video obtained in such a manner, which typically means sharing or distributing the material without consent.
- Penalties: The offense remains a state jail felony with penalties ranging from 180 days to 2 years in a state jail and fines up to $10,000.
What Acts Are Illegal Under the Invasive Visual Recording Statute?
The statute covers recording, broadcasting, and transmitting visual images and video recordings without consent when a person has a reasonable expectation of privacy.
What is an “Intimate Area” for Purposes of Invasive Visual Recording?
An intimate area for purposes of this statute includes the naked or clothed genitals, pubic area, anus, buttocks, or female breasts of a person.
Legal Consequences of Invasive Visual Recording in Texas
Penalties For Invasive Visual Recording
In Texas, invasive visual recording is a state jail felony, punishable by:
- 180 days to 2 years in a state jail
- A fine of up to $10,000
Sex Offender Registration Requirement (New as of September 1, 2025)
CRITICAL UPDATE: Effective September 1, 2025, invasive visual recording now requires sex offender registration. This is a significant change from prior law.
Under the amended Code of Criminal Procedure Article 62.001(5)(A), convictions, adjudications, and deferred adjudications for Invasive Visual Recording committed on or after September 1, 2025, require lifetime sex offender registration.
Important Note: This requirement only applies to offenses committed on or after September 1, 2025. Offenses committed before this date are governed by prior law and do not require sex offender registration.
Impact On Personal And Professional Life
A conviction for invasive visual recording can have lasting effects on an individual’s personal and professional life, including:
- A permanent criminal record
- Lifetime sex offender registration (for offenses after September 1, 2025)
- Loss of employment opportunities
- Restrictions on where you can live and work
- Difficulty obtaining housing or loans
- Public disclosure of personal information on sex offender registry
- Strained personal relationships
What are Possible Defenses to Invasive Visual Recording?
There are a number of defenses to Invasive Visual Recording, including:
- Lack of Reasonable Expectation of Privacy: Challenging whether the person had a reasonable expectation that the intimate area was not subject to public view
- Consent: Demonstrating that the alleged victim consented to being photographed or recorded
- Public Place: Proving the recording occurred in a genuinely public area where no reasonable expectation of privacy existed
- Lack of Intent: For offenses committed before September 1, 2025, challenging whether the accused took the photograph with the intent to invade the privacy of another
- Misidentification: Proving someone else committed the offense
2025 Legislative Changes: What You Need to Know
The 89th Texas Legislature made substantial changes to this law that took effect September 1, 2025:
Expanded Scope
The law now covers recording in ANY place where a person has a reasonable expectation of privacy, not just bathrooms and changing rooms. This significantly broadens the law’s application to include bedrooms, private hotel rooms, and other private spaces.
Simplified Prosecution
Prosecutors no longer need to prove the defendant intended to arouse or gratify sexual desire. They only need to prove intent to invade privacy, making it easier to secure convictions.
Sex Offender Registration
This is perhaps the most significant change. Any conviction, adjudication, or deferred adjudication for offenses committed on or after September 1, 2025, now requires lifetime sex offender registration.
Understanding “Upskirting” and Similar Conduct Under Current Texas Law
The legal landscape regarding “upskirt” and “downblouse” photography has evolved significantly in Texas.
Historical Context
In 2014, the Texas Court of Criminal Appeals ruled in Ex parte Thompson that the original improper photography statute was unconstitutionally overbroad under the First Amendment, effectively striking down portions of the law.
Current Law (2025)
The legislature responded by enacting a new statute with more carefully tailored language. Under current law effective September 1, 2025:
- “Upskirt” photography IS illegal when it captures intimate areas (including clothed areas) and the person has a reasonable expectation that those areas are not subject to public view
- The law applies regardless of whether the person is in a public place, as long as they had a reasonable expectation of privacy regarding their intimate areas
- For example, photographing up a woman’s skirt in a public place is illegal because she reasonably expected her genital area, pubic area, and buttocks to remain private even while in public
Defense Strategies for Invasive Visual Recording Charges
Challenging The Intent
For offenses committed before September 1, 2025, one defense strategy is to challenge the intent behind the photography. Under the old law, the prosecution had to prove the accused intended to arouse or gratify sexual desire or to invade privacy. Proving intent can be difficult, and a skilled attorney can raise reasonable doubt.
For offenses on or after September 1, 2025, the defense must focus on challenging whether the defendant intended to invade the person’s privacy.
Consent Or Reasonable Expectation Of Privacy
A strong defense strategy is to argue that:
- The subject gave consent to the recording
- There was no reasonable expectation of privacy in the location where recording occurred
- The intimate areas captured were already subject to public view
If it can be shown that the person willingly participated or was in a truly public setting where privacy could not reasonably be expected, the charges may be dismissed.
Constitutional Challenges
In appropriate cases, your attorney may challenge the constitutionality of the statute as applied to specific conduct, particularly regarding First Amendment protections.
Is Invasive Visual Recording a Crime in Texas?
Yes. As of September 1, 2025, Texas Penal Code Section 21.15 makes it a state jail felony to:
- Photograph or record someone in a bathroom or changing room without consent
- Photograph or record someone’s intimate areas without consent when they have a reasonable expectation those areas are not subject to public view
- Photograph or record someone in any place where they have a reasonable expectation of privacy without consent and with intent to invade their privacy
Additionally, convictions for offenses committed on or after September 1, 2025, now require lifetime sex offender registration.
Contact Us
If you or a loved one has been charged with Invasive Visual Recording in Texas, contact us immediately at (817) 203-2220 or online. The 2025 amendments significantly increased the consequences of this offense, making experienced legal representation more critical than ever.
What Is The Statute of Limitations For Invasive Visual Recording In Texas?
The statute of limitations for invasive visual recording in Texas is three years. This means that the prosecution has three years from the date of the alleged offense to bring charges against the accused.
Can Invasive Visual Recording Charges Be Expunged From My Record?
In some cases, invasive visual recording charges may be eligible for expunction if you meet certain criteria, such as being acquitted or having the charges dismissed. However, if you were convicted or received deferred adjudication for an offense committed on or after September 1, 2025, you will be required to register as a sex offender, which significantly impacts expunction eligibility.
Does the new sex offender registration requirement apply to old cases?
No. The sex offender registration requirement only applies to offenses committed on or after September 1, 2025. If your alleged offense occurred before this date, you are not subject to the sex offender registration requirement under the new law, even if you are convicted after September 1, 2025.
What if I took photos in a public place?
Being in a public place does not automatically make it legal to photograph someone’s intimate areas. The key question is whether the person had a reasonable expectation that their intimate areas were not subject to public view. For example, photographing up someone’s skirt in public is illegal because they reasonably expected those areas to remain private, even though they were in a public location.
