Texas invasive visual recording — Penal Code § 21.15
Texas law treats invasive visual recording as a state jail felony — a conviction can mean 180 days to 2 years in a state jail facility and a $10,000 fine. Our Frisco-based team defends these cases throughout the DFW metro, from Frisco and Plano to McKinney and Denton.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 21.15 (sometimes called "upskirting" law) criminalizes photographing, recording, broadcasting, or transmitting visual material of another person without consent when (1) the other has a reasonable expectation of privacy, (2) the visual material captures the person's intimate area, OR (3) the defendant acts with intent to arouse or gratify
Classification: State jail felony
Punishment range: 180 days to 2 years state jail and up to $10,000 fine
The controlling statute
Texas Penal Code § 21.15 (sometimes called "upskirting" law) criminalizes photographing, recording, broadcasting, or transmitting visual material of another person without consent when (1) the other has a reasonable expectation of privacy, (2) the visual material captures the person's intimate area, OR (3) the defendant acts with intent to arouse or gratify sexual desire. § 21.15 was rewritten after *Ex parte Thompson*, 442 S.W.3d 325 (Tex. Crim. App. 2014), struck down its predecessor on First Amendment grounds.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 21.15 |
| Cluster | Sex Crimes / Indecency |
| Classification | State jail felony |
| Range | 180 days to 2 years state jail and up to $10,000 fine |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 21.15 charge, the State must prove every element beyond a reasonable doubt:
- Defendant photographed, recorded, broadcast, or transmitted visual material
- Of another person without that person's consent
- In a circumstance described in § 21.15(b)(1)-(3) — bathroom/dressing room, intimate area exposure, or sexual gratification intent
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Invasive Visual Recording case:
- First Amendment overbreadth/vagueness challenges (post-Thompson)
- Consent — express or implied based on circumstances
- No reasonable expectation of privacy in the captured location
- No "intimate area" exposed or recorded
- No sexual gratification intent — journalism, surveillance, or accidental capture
- Suppression of recording obtained in violation of Fourth Amendment
Enhancements & collateral consequences
A second or subsequent § 21.15 conviction may trigger registration under CCP Chapter 62 for some subsections. When the visual material is distributed under § 21.16 (revenge porn statute), additional felony charges apply.
Key Legal Terms
- Intimate Area (§ 21.15(a)(2))
- The naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person — defined term for invasive visual recording.
- *Ex parte Thompson*, 442 S.W.3d 325 (Tex. Crim. App. 2014)
- Texas Court of Criminal Appeals decision striking down the predecessor "improper photography" statute on First Amendment overbreadth grounds. The current § 21.15 was rewritten to address these concerns.
- Reasonable Expectation of Privacy
- Constitutional and statutory concept — whether a reasonable person would believe the location and circumstances were private. Bathrooms, dressing rooms, and clothed-but-covered areas typically qualify.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Is "upskirting" illegal in Texas?
What is an "intimate area" under § 21.15?
Can I record people in a public place under Texas law?
Does § 21.15 cover bathroom or dressing room recording?
What is the penalty for invasive visual recording in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Invasive Visual Recording? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060