Is invasive visual recording a felony in Texas?
Yes. Under Penal Code §21.15 it is a state jail felony, 180 days to 2 years, to photograph, record, broadcast or transmit a visual image of another person's intimate area without consent and with intent to invade their privacy, or to record someone in a place where they have a reasonable expectation of privacy. Promoting such material is the same offense. The consequence people underestimate: unlike many state jail felonies, this one is a reportable conviction under the sex offender registration chapter.
- State jail felony, 180 days to 2 years, with sex offender registration attached through art. 62.001(5)(A).
- Two elements do the work: without consent and with intent to invade privacy. Neither is presumed.
- "Intimate area" includes clothed areas. The statute says the naked or clothed genitals, pubic area, anus, buttocks or female breast.
- A second route covers recording a person in a place with a reasonable expectation of privacy, which the statute says includes a bathroom, bedroom and changing room.
- A posted sign is not consent. §21.15(e) says signs indicating that recording is happening are not sufficient to establish consent for that route.
- Promoting the material, knowing its character and content, is the offense too, so forwarding can be charged.
- Registration, not the 180-day floor, is what makes this charge serious, and it is what the defense is usually aimed at.
This charge covers conduct people think of as a prank or a lapse and the law treats as a registerable sex offense: a phone held at an angle in a shop, a camera in a bathroom or changing room, a recording made of a partner without their knowledge, or forwarding something someone else recorded. The gap between how it feels and what it carries is wider here than almost anywhere else in the Penal Code. Peter M. Barrett has defended sexual offense accusations in Dallas County since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide sets out what §21.15 requires.
The three ways to commit it
Every route in §21.15(b) begins with two requirements: the conduct must be without the other person's consent and with intent to invade the privacy of that person.
- An intimate area. Photographing, recording, broadcasting or transmitting a visual image of an intimate area of another person, where that person has a reasonable expectation that the intimate area is not subject to public view.
- A private place. Photographing, recording, broadcasting or transmitting a visual image of another person in a place in which a person has a reasonable expectation of privacy. No intimate area is required for this route.
- Promotion. Knowing the character and content of such a photograph, recording, broadcast or transmission, promoting it.
The definitions, which are broader than expected
- Intimate area means the naked or clothed genitals, pubic area, anus, buttocks or female breast of a person. The inclusion of clothed areas is why these charges arise in shops and public places, not only in bathrooms.
- Female breast means any portion below the top of the areola.
- Changing room means a room or portioned area provided for or primarily used for changing clothing, including dressing rooms, locker rooms and swimwear changing areas.
- Place in which a person has a reasonable expectation of privacy means a place where a reasonable person would believe they could disrobe in privacy, without being concerned that undressing would be photographed or recorded, or the image broadcast or transmitted. The statute says the term includes a bathroom, bedroom and changing room, so that list is illustrative rather than exhaustive.
Why a posted sign does not make it lawful
§21.15(e) is short and worth knowing: for the private-place route, a sign or signs posted indicating that the person is being photographed, or that an image is being recorded, broadcast or transmitted, is not sufficient to establish that person's consent.
That disposes of an argument people reach for in gym, pool and workplace cases. Notice is not consent under this statute.
Registration is the real consequence
A state jail felony sounds like the lower end of the felony range, and on the sentence it is. The lasting consequence comes from elsewhere. Art. 62.001(5)(A) lists §21.15 among the reportable convictions, alongside indecency with a child, sexual assault and aggravated sexual assault. A conviction or a deferred adjudication therefore brings the registration and reporting duties in chapter 62.
Because invasive visual recording is not a sexually violent offense, the duty is not lifetime. Under art. 62.101(c)(2) it ends on the tenth anniversary of the later of the date the court dismisses the proceedings and discharges the person, the date of release from a penal institution, or the date community supervision is discharged. Separately, Gov't Code §411.074(b)(1)(A) bars an order of nondisclosure for any offense requiring registration, so the record cannot be sealed. What registration involves day to day is in the registration guide, and ending it early is covered in the deregistration guide.
| Invasive visual recording, §21.15 | Indecent exposure, §21.08 | |
|---|---|---|
| Grade | State jail felony | Class B misdemeanor, rising with priors |
| Registration | On a first conviction | Only on a second violation, and not if deferred |
| Duration if it applies | 10 years | 10 years |
| Sealing | Barred by §411.074(b)(1)(A) | Possible on a first offense |
Put beside indecent exposure, the contrast is stark: the misdemeanor offense can avoid the registry entirely, while this felony does not.
Where these cases are defended
- Intent to invade privacy. This is an element, and it is the one that most often fails. An accidental recording, a camera left running, a wide shot that happens to include someone, or footage taken for an unrelated reason are all consistent with no such intent.
- Consent. Also an element the State must negate. In cases between partners, prior consent to recording, or a pattern of it, is evidence rather than an excuse. Note that for the private-place route, signage alone does not supply consent.
- Reasonable expectation. Route one needs a reasonable expectation that the intimate area was not subject to public view, and route two needs a place where a reasonable person could expect to disrobe privately. Open, public settings do not automatically satisfy either.
- Who made the recording. Shared devices, cloud accounts and automatically synced galleries mean possession of an image is not proof of who created it, and the promotion route needs knowledge of character and content.
- How the device was searched. These cases are built from extractions. The scope of the consent or the warrant, and what was actually authorized, is frequently the strongest issue in the file.
- The disposition, because of registration. Deferred adjudication does not avoid registration here, so the objective is usually a resolution under a different section rather than a shorter sentence.
Common questions
What is the punishment for invasive visual recording in Texas?
It is a state jail felony under Penal Code §21.15(c), punishable by 180 days to 2 years in a state jail and a fine of up to $10,000. The more significant consequence is that it is a reportable conviction under Code of Criminal Procedure art. 62.001(5)(A), so it carries sex offender registration.
Does invasive visual recording require sex offender registration?
Yes. §21.15 is named in art. 62.001(5)(A) alongside indecency with a child and sexual assault, so a conviction or deferred adjudication brings the chapter 62 duties. Because it is not a sexually violent offense, the duty ends after 10 years under art. 62.101(c)(2) rather than lasting for life, and the record cannot be sealed while registration is required.
Does the person have to be naked?
No. The statute defines an intimate area as the naked or clothed genitals, pubic area, anus, buttocks or female breast. That is why these charges arise in shops, gyms and other public settings rather than only where someone is undressed. The second route does not require an intimate area at all, only a place with a reasonable expectation of privacy.
Is it a defense that there were signs saying recording was taking place?
No. §21.15(e) says expressly that a posted sign indicating that a person is being photographed, or that an image is being recorded, broadcast or transmitted, is not sufficient to establish that person's consent for the private-place route. Notice and consent are treated as different things.
Can you be charged for sharing a recording someone else made?
Yes. §21.15(b)(3) makes it an offense to promote such a photograph, recording, broadcast or transmission while knowing its character and content. Forwarding or distributing material someone else created can therefore be charged as the same state jail felony, with the same registration consequence.
What if the recording was accidental?
Then an element is missing. Every route in §21.15(b) requires intent to invade the privacy of the other person. A camera left running, an unintended wide shot, or footage taken for an unrelated purpose does not meet that, and the State has to prove it rather than infer it from the existence of the image.
Police have taken my phone. What should I do?
Do not consent to a further search, do not delete anything, and do not explain the images, because explanations supply the intent element. Note what you were told when the device was taken and whether a warrant was shown, since the scope of the search is often the strongest issue. Because registration attaches on a first conviction, treat this as a serious felony from day one. The consultation is free and confidential: (214) 526-0555, answered 24/7 for emergencies.
The law this article describes, at the source.
This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.