Promotion of Intimate Visual Material

Promotion of Intimate Visual Material

Invasive visual recording refers to the illegal use of video and photography technology. This includes the improper use of video recording devices, cell phones, webcams, digital cameras, and surveillance cameras. Modern technology has provided access to video recording or photo capturing capabilities for the general public which has led to the production of many improper photographs and videos that happen to be illegal.

In Texas, recording intimate visual recording is just as unlawful as promoting it. Criminal charges like promotion of intimate visual material can be difficult as the prosecutors will paint the defendant as a sex offender that’s a threat to the public when, most of the time, nothing can be further from the truth. In cases like these, it’s best to retain the experienced legal counsel of a skilled sex crime defense attorney in Austin, TX.

Promotion of Intimate Visual Material Attorney | Jackson Gorski

The involvement of an experienced Travis County sex crime attorney in invasive visual recording cases is best for defendants seeking a positive outcome for their cases. If you are under investigation for promotion of intimate visual material, Attorney Jackson F. Gorski will work hard to protect your rights and advocate aggressively on your behalf.

To speak with The Law Office of Jackson F. Gorski about your case, call 512-960-4646 or fill out the online consultation form today. We can decide how to proceed over a confidential consultation. The Law Office of Jackson F. Gorski accepts sex crime cases throughout the State of Texas including Austin, Jollyville, Lockhart, Kyle, Georgetown, Round Rock, Anderson Mill, Cedar Park, San Marcos, Seguin, and Canyon Lake.


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Information Center


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What is Invasive Visual Recording in Texas?

According to Texas Penal Code 21.15, invasive visual recording is committed if the defendant photographs, records, broadcasts, or transmits a visual image of another individual’s intimate area. The crime also occurs if the defendant takes a picture, broadcasts, or transmits a visual image of another individual in a bathroom or changing room or promotes the footage.

Section 21. 15 defines “intimate area” as an anus, pubic area, buttocks, naked or clothed genitals, or women’s breasts. Texas law defines changing room as a room or portioned area primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.


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Invasive Visual Recording Texas Punishment

In the State of Texas, invasive visual recording is a serious matter. The offense is classified as a state jail felony punishable by 180 days to 2 years in prison and up to $10000 in fines. Aside from imprisonment and steep fines, invasive visual recording charges carry a social stigma which is strenuous to remove. A conviction can also result in a difficult time gaining employment, the loss of or inability to obtain a professional license, or loss of civil rights.

Texas laws regarding improper visual recordings can apply in many different situations due to the nature of modern technology & image recording. In order to create a strong legal defense, it takes intervention by a lawyer that’s experienced with visual recording or improper photography related criminal cases in Texas.


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Unlawful Promotion of Intimate Visual Material in TX

As stated previously, promoting intimate visual material is unlawful in the State of Texas. According to section 21.16 of the Texas Penal Code, a person commits this offense if

  • Without the effective consent of the depicted person, discloses visual material depicting another person with their intimate parts exposed or engaged in sexual conduct
  • He or she knows the visual material was intended to remain private
  • He or she discloses intimate visual material and causes harm to the depicted person
  • The disclosure of the visual material reveals the identity of the depicted person in any manner
  • He or she threatens to disclose material depicting another person with their intimate parts exposed or engaged in sexual conduct in return for a benefit
  • Knowing the character and content of the visual material, promotes it on an Internet website or other forum for publication that they own

Unlawful promotion of intimate visual material is classified as a state jail felony, punishable by up to 2 years in jail and up to $10,000 in fines.


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Additional Resources

Texas Penal Code: Promotion of Intimate Visual Material –  Access the Texas Penal Code website to view section 21.16 which constitutes unlawful disclosure or promotion of intimate visual recording. The page lists definitions for terms related to the crime and also explains how Texas classifies the offense.

Stop Street Harassment – Stop Street Harassment (SSH) is a nonprofit organization with a mission to end gender-based street harassment worldwide. Access their website to view their hotline, read harassment stories, and learn how to report harassers.

Although your reading of this website doesn’t constitute the formation of an attorney-client relationship, I will tell you that you should avoid discussing your case with friends, family, social media applications, and prosecutors without the legal guidance of an experienced defense lawyer.