Defining Invasive Visual Recording Under Texas Law
Invasive visual recording in Texas is a state jail felony defined under Texas Penal Code § 21.15, which prohibits capturing or transmitting visual images of an intimate area of another person without their consent and with intent to invade their privacy. This offense applies to recordings made in places where the person has a reasonable expectation of privacy, such as changing rooms, bathrooms, or bedrooms. This law also addresses the unauthorized transmission of these images.
What is a “Place with Reasonable Expectation of Privacy”?
Under the amended law effective September 1, 2025, Texas Penal Code § 21.15(a)(3-a) specifically defines a “place in which a person has a reasonable expectation of privacy” 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 or that a visual image of the person undressing would be broadcasted or transmitted by another.
The term explicitly includes:
- Bathrooms
- Bedrooms
- Changing rooms
This definition is broader than the previous version of the law and provides stronger protection for individuals in private spaces.
Invasive Visual Recording is a State Jail Felony
Invasive visual recording is considered a state jail felony. Conviction can lead to a punishment ranging from 180 days to two years in a state jail and may include fines up to $10,000. This reflects the severe breach of privacy represented by this crime.
Statute of Limitations for Filing Charges in Texas
The statute of limitations for invasive visual recording is three years in Texas. This means legal action must be initiated within three years from the date of the recording to pursue charges against the perpetrator.
Eligibility for Probation in Invasive Visual Recording Cases
Deferred adjudication, probation, and state jail time are all possibilities for Invasive Visual Recording cases in Texas. The terms of probation are contingent on the court’s assessment of the case details, the defendant, and the defendant’s prior criminal record. Probation terms may vary significantly based on these factors.
Sex Offender Registration Requirements – MAJOR CHANGE
Effective September 1, 2025, invasive visual recording now requires sex offender registration.
Under the amended Texas Code of Criminal Procedure Article 62.001(5), a conviction or adjudication for invasive visual recording under Section 21.15 is now classified as a “reportable conviction or adjudication.” This means that individuals convicted of this offense must register as a sex offender in Texas.
This represents a significant change from prior law and substantially increases the long-term consequences of a conviction for this offense. Sex offender registration requirements include:
- Registering with local law enforcement
- Regular verification of registration information
- Public disclosure of offender status
- Restrictions on where you can live and work
- Potential lifetime registration requirements
Legal Defenses Against Invasive Visual Recording Charges
Some defenses in cases of invasive visual recording can include demonstrating a lack of intent to invade privacy, showing that the subject had no reasonable expectation of privacy, or proving that the accused believed they had consent to record. Given the serious consequences including sex offender registration, experienced legal representation is critical.
Prohibited Recordings: What You Cannot Capture
Under Texas Penal Code § 21.15, it is illegal to record the following without consent and with intent to invade privacy:
- Female breast: Any part of the female breast below the top of the areola.
- Intimate area: This includes the genitals, pubic area, anus, buttocks, or female breast (below the top of the areola), whether clothed or unclothed, if the person has a reasonable expectation that the area is not subject to public view.
- Any person in a place with reasonable expectation of privacy: This includes bathrooms, bedrooms, changing rooms, dressing rooms, locker rooms, and swimwear changing areas.
Learn more: upskirting or downblousing as an offense in Texas.
Related and Similar Charges in Texas
- Voyeurism (Texas Penal Code § 21.17)
- Electronic Transmission of Certain Visual Material Depicting a Minor (Texas Penal Code § 43.261)
- Possession or Promotion of Child Pornography (Texas Penal Code § 43.26)
- Unlawful Disclosure or Promotion of Intimate Visual Material (“Revenge Porn”) (Texas Penal Code § 21.16)
- Harassment (Texas Penal Code § 42.07) – when involving electronic communications of visual material
- Breach of Computer Security (Texas Penal Code § 33.02) – if it involves accessing someone’s device to obtain intimate images
- Stalking (Texas Penal Code § 42.072) – when involving repeated visual recording or surveillance
Applicability of the Law Change
The amendments to Texas law regarding invasive visual recording apply only to offenses committed on or after September 1, 2025. Offenses committed before this date are governed by the law in effect at the time the offense was committed. An offense is considered to have been committed before the effective date if any element of the offense occurred before that date.
Contact Us
If you have been charged with Invasive Visual Recording in Tarrant County, Dallas County, Harris County or any surrounding county, the stakes are now higher than ever with mandatory sex offender registration. Call us today at (817) 203-2220 for experienced legal representation.
