Sec. 21.15. INVASIVE VISUAL RECORDING. (a) In this section:
(1) "Female breast" means any portion of the female breast below the top of the areola.
(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
(3-a) "Place in which a person has a reasonable expectation of privacy" means a place in which a reasonable person would believe that the person could disrobe in privacy, without being concerned that the act of undressing would be photographed or visually recorded by another or that a visual image of the person undressing would be broadcasted or transmitted by another. The term includes a bathroom, bedroom, and changing room.
(4) "Promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another person in a place in which a person has a reasonable expectation of privacy; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.
Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015.
Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015.
Acts 2025, 89th Leg., R.S., Ch. 248 (H.B. 1465), Sec. 2, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 248 (H.B. 1465), Sec. 3, eff. September 1, 2025.
Notes of Decisions
Cited in
81
cases (
18 in the last 5 years), 2005–2025 · leading case:
Thompson, Ex Parte Ronald, 442 S.W.3d 325 (Tex. Crim. App. 2014).
Thompson, Ex Parte Ronald, 442 S.W.3d 325 (Tex. Crim. App. 2014).
· cites it 5× “Tex. Penal Code § 21.15. 2 . Id. § 21.15(b)(1).”
McKissick v. State, 209 S.W.3d 205 (Tex. App. 2006).
· cites it 4× “Laws 893 , 893 (current version at Tex. Pen.Code Ann. § 21.15 (Vernon Supp.2005)).”
Ex Parte Nyabwa, 366 S.W.3d 719 (Tex. App. 2011).
· cites it 10× “Tex. Penal Code Ann. § 21.15 (b)(1) (West 2011).”
Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013).
· cites it 2× “3 Texas Penal Code § 21.15(b)(l)’s inclusion of language regarding the other’s consent and specific intent defines when seemingly innocent photography becomes a state-jail felony.”
Ex Parte Ronald Thompson, 414 S.W.3d 872 (Tex. App. 2013).
· cites it 5× “Tex. Penal Code Ann. § 21.15 (b)(1) (West 2011) (emphasis added).”
United States v. Steen, 634 F.3d 822 (5th Cir. 2011).
· cites it 2× “[3] See Tex. Penal Code § 21.15. This state felony is punishable by jail time between 180 days and two years.”
Ex parte Shay, 507 S.W.3d 731 (Tex. Crim. App. 2016).
· cites it 3× “Pursuant to a plea bargain, Shay was convicted of improper photography or visual recording in violation of Texas Penal Code § 21.15(b)(1) and sentenced to two years’ confinement, the maximum confinement permitted for the state-jail felony.”
Ackers v. City of Lubbock, 253 S.W.3d 770 (Tex. App. 2008).
· cites it 2× “We note that Texas Penal Code section 21.15 makes it an offense to photograph another without the person’s consent and with intent to arouse or gratify the sexual desire of any person.”
Ex Parte Nyabwa, 366 S.W.3d 710 (Tex. Crim. App. 2012).
· cites it 2× “[2] TEX. PENAL CODE § 21.15(b)(1). Subsection (b)(2) proscribes the photographing of a person in a bathroom or private dressing room and is not at issue in the present case.”
State v. Breedlove, 213 So. 3d 1195 (La. Ct. App. 2017).
“45 (4) (2014); Tex. Penal Code Ann. § 21.15 (b)(1) (2015).”
Ex Parte John Christopher Lo, 393 S.W.3d 290 (Tex. App. 2011).
“] Tex. Penal Code Ann. § 21.15 (b). The defendant in Vasquez argued that the statute is unconstitutionally overbroad because it embraces “a substantial amount of protected activity and expression.”
— Tex. Penal Code § 21.15(a)(2) — 1 case
— Tex. Penal Code § 21.15(a)(4) — 1 case
— Tex. Penal Code § 21.15(b) — 6 cases
Ex Parte Nyabwa, 366 S.W.3d 719 (Tex. App. 2011).
“Tex. Penal Code Ann. § 21.15 (b)(1) (West 2011).”
Ex Parte Ronald Thompson, 414 S.W.3d 872 (Tex. App. 2013).
“Tex. Penal Code Ann. § 21.15 (b)(1) (West 2011) (emphasis added).”
— Tex. Penal Code § 21.15(b)(1) — 18 cases
Ex parte Shay, 507 S.W.3d 731 (Tex. Crim. App. 2016).
“Pursuant to a plea bargain, Shay was convicted of improper photography or visual recording in violation of Texas Penal Code § 21.15(b)(1) and sentenced to two years’ confinement, the maximum confinement permitted for the state-jail felony.”
Ex Parte Nyabwa, 366 S.W.3d 719 (Tex. App. 2011).
“Tex. Penal Code Ann. § 21.15 (b)(1) (West 2011).”
Ex Parte Nyabwa, 366 S.W.3d 710 (Tex. Crim. App. 2012).
“[2] TEX. PENAL CODE § 21.15(b)(1). Subsection (b)(2) proscribes the photographing of a person in a bathroom or private dressing room and is not at issue in the present case.”
— Tex. Penal Code § 21.15(b)(2) — 11 cases
— Tex. Penal Code § 21.15(b)(3) — 3 cases
— Tex. Penal Code § 21.15(b)(l) — 1 case
Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013).
“3 Texas Penal Code § 21.15(b)(l)’s inclusion of language regarding the other’s consent and specific intent defines when seemingly innocent photography becomes a state-jail felony.”
— Tex. Penal Code § 21.15(c) — 1 case
— Tex. Penal Code § 21.15(d) — 1 case
— Tex. Penal Code § 21.15(h)(1) — 1 case
Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013).
“3 Texas Penal Code § 21.15(b)(l)’s inclusion of language regarding the other’s consent and specific intent defines when seemingly innocent photography becomes a state-jail felony.”
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