Legal Question in Criminal Law in Texas

Is it against the law to take a picture of a woman's full body in public and behind her if you're NOT shooting up her skirt or down her blouse?

Asked on 3/13/11, 6:59 pm

1 Answer from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt
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It depends. Texas Penal Code 21.15 provides that it's an offense to take photos or videos of a person in public without that person's consent if it is done with the intent to arouse or gratify anyone's sexual desire. They don't have to have an admission by you or anyone else that this was for the purpose of arousing sexual desire; they can prove this circumstantially. If you are charged with this offense, it is a state jail felony carrying from 6 months to 2 years in state jail or up to 5 years of probation.

There may be constitutional problems with this statute, but as it stands now, the State can prosecute people under this section of the Penal Code.

I would suggest discussing your situation in more detail with a local criminal defense attorney if you are concerned about prosecution.

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3/14/11, 7:41 am

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