Improper Photography Charges in Bryan-College Station
People are taking pictures in public everywhere you go. Smart phones and digital cameras give nearly everyone constant access to high-definition recording devices. In most cases, there is nothing wrong with snapping a quick photo of a landmark or some interesting scenery. However, taking pictures of other people without their permission may be crossing the line. Until recently, it was generally considered legal to photograph nearly anything in a public place. However, Texas laws have changed to counteract the growing problem of unwanted, voyeuristic public photography. Under the new law, a person who takes an inappropriate picture of someone else may find themselves dealing with a criminal record.
Have You Been Charged for Invasive Visual Recording in Bryan-College Station?
The Texas Penal Code provides the details of public recording laws in Texas. Until recently, Texas used the term “improper photography” to describe illegal recording in public. However, after the Supreme Court decided this law had the risk of violating the 1st Amendment rights of citizens, the law was changed. The Penal Code now refers to invasive visual recording. It now has a slightly different focus. While the old improper photography law focused on photos taken in order to gratify the sexual desire of any person, the new law focuses on photographing or recording the intimate areas or genitals of another person without that person’s consent and in order to gratify sexual desire. Both laws proscribed non-consensual photography in bathrooms and changing rooms as well. The new law places a focus on public photography done for indecent purposes.
Contact an Experienced College Station Sex Crimes Attorney for Help!
A defense attorney could argue against charges under the new law in a similar fashion as arguments made against charges under the old improper photography law. However, the new law is much more specific so the defense arguments would have to be equally precise. To obtain a conviction, the prosecution must prove the defendant was taking pictures in order to gratify or arouse sexual desire. The defense attorney may also argue there were not enough pictures to show a pattern of any inappropriate behavior. They could argue the photos were merely coincidental and were only being taken for legitimate purposes. If the illicit intent of the defendant cannot be proven, the charges may be reduced to a less serious offense. If we decide to accept representation in your case, rest assured you will have an experienced defense lawyer on your side, fully prepared to go the distance to defend your legal rights.
Contact a Bryan-College Station Sex Crimes defense lawyer now to begin the defense of your charges.