Is it Illegal to Tamper with Security Cameras in Texas?

Invasive Video Recording Texas. Invasive video recording is legally considered to be a crime in the state of Texas. It provides law enforcement with the right to place you under arrest if they believe that you have taken or helped to distribute any video or photo of the following:

*Another individual’s “intimate areas”

*An individual inside either a bathroom or changing room

The law, which is classified in the Texas Penal Code under Title 5 “Offenses Against the Person,” Chapter 21 “Sexual Offenses,” was created by the 84th Legislature in response to Ex parte Thompson (Tex. Crim. App.), a case in which the Texas Court of Criminal Appeals struck down a law entitled Improper Photography or Visual Recording as being “substantially overbroad.” The law was amended and simply re-titled as Invasive Video Recording.

The current law states that an individual will have committed an offense if, without having obtained the consent of the other party and with the intent to invade their privacy, the individual photographed or video recorded the “intimate area” of another party if a reasonable expectation of privacy was expected either in a changing room or bathroom, or if the individual knew that such an act was committed and they instead promoted the offense committed.

It is possible to be charged with invasive video recording if Texas attorneys believe that all elements in the law have been met. The attorneys will be able to use your cell phone or camera against you, as well as obtaining any and all internet records that will be able to provide information related to the use of any device connected to the internet. 

Additionally, an accuser will simply be able to tell the police that you were involved in the offense, and as a result, the prosecuting attorneys can demand that this individual testifies against you.

Invasive Video Recording Texas. Invasive video recording is a State Jail Felony in Texas. The punishment for this crime carries a maximum $10,000 fine, as well as a possible jail sentence of two years. It’s also important to note that for purposes of registration as a sex offender, this crime is not considered to be “a reportable conviction or adjudication.”