Photo Attorney

Nov 4, 2007

Photography Can Be A Crime in Texas

An Austin, Texas, radio station reported that a man was arrested for taking photographs with his cell phone of women from behind in a Wal-Mart store. This activity may constitute a crime in Texas. Section 21.15 of the Texas penal code states that:

A person commits an offense [of improper photography] 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).

The maximum sentence for committing this crime is two years in prison and a $10,000 fine.

There is a real question as to whether this law would survive constitutional/free speech analysis. In the meantime, better be careful in Texas.

Take my advice; get professional help.

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