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.
PhotoAttorney®
Technorati Tags: constitutional law, free speech
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.
PhotoAttorney®
Technorati Tags: constitutional law, free speech
posted by Photo Attorney at
5:00 AM
