It seems that everyone in Texas, across the nation and all over the world has a cellphone with video recording capabilities. It is a major part of advertising campaigns to emphasize how advanced the new devices are. While this can be beneficial in many ways, it can also lead to people being accused of taking videos that might be considered a legal violation.
Specifically, under the law, that is called “invasive video recording.” While it might not sound serious, it is a felony in the Lone Star State and can cause a litany of problems not just with legal ramifications, but personal ones as well.
Understanding the law for invasive video recording
To be charged under this law, a person must have filmed another person’s intimate areas without their consent. In many instances, this happens in locker rooms or other changing rooms where a person is accused of setting up their camera or device to make the recording. It is viewed as an invasion of the victim’s privacy.
If a person is to be charged, they must have taken a photograph, a video or used another method of recording and broadcasted or transmitted it. The alleged victim must not have known the image or clip was being recorded or did not expect it to be in public view.
This can occur in restrooms, store changing areas or locations where people will be unclothed and function under the belief that they are not being watched or recorded. This is a state jail felony. Even if there is a sign that suggests the person is being photographed or recorded, it is not enough to prove they consented.
When charged with sex offenses, having experienced representation is vital
This type of charge can cause a litany of problems for the person who is accused. The mere mentioning of a sex-based violation carries with it negative personal and professional connotations. If the victim was under the age of 18, it can expand to child pornography offenses and make the situation exponentially worse.
There might be a reasonable explanation such as the person who claims they were victimized having previously consented to the images being taken. Or it might have been a mistake. With any type of sex offenses, it is crucial to have experienced and professional assistance to fight the charges, possibly have them reduced or get an acquittal.