Today, with all of the recording devices floating around in each of our pockets, privacy is more narrow than ever. But, there are several significant legal rights that you continue to have to your privacy, including before, during and after your divorce.
The Cook & Cook Legal team has a great deal of experience in helping you navigate the privacy issues associated with your divorce case. Call today. (210) 271-2800.
YOU HAVE A RIGHT TO PRIVACY UNDER THE TEXAS CONSTITUTION.
YOU CAN SUE SOMEONE IF THEY:
1. intrude on your solitude or private affairs
2. and their intusion would be highly offensive to a reasonable person.
Billings v. Atkinson, 489 S.W.2d 858, 860 (Tex.1973).
IT IS ILLEGAL TO INTERCEPT (RECORD) PEOPLE TALKING or to RECORD ELECTRONIC COMMUNICATION BETWEEN PEOPLE
It is not legal to record people communicating unless you are a party to the conversation that is occurring in accordance with:
The Texas Civil Practice and Remedies Code,
If you record someone talking in a conversation that you are not a party to and you disclose that communication to someone else, you can be sued, and forced to pay damages of $10,000 per occurrence.
IT IS ILLEGAL TO VIDEO RECORD OR TO PHOTOGRAPH ANY PART OF A NAKED PERSON OR A PERSON ENGAGING IN SEXUAL CONDUCT IF:
In accordance with the Texas REVENGE PORN CRIMINAL STATUTE (TEX. PEN. CODE § 21.16), If a person is recorded without their consent, either naked, partially naked and or engaging in sexual conduct, and the showing of that material would show their identity in any manner, AND such video was taken when a person had a reasonable expectation of privacy, AND such recording is then given or shown to another, such that the recorded person is harmed, such recording is a CRIMINAL VIOLATION in the State of Texas.
Below is the text from the Texas Privacy Law summarized above:
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.
(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 in a bathroom or changing room; 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.
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.
Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (a) In this section:
(1) “Intimate parts” means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.
(2) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.
(3) “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.
(4) “Simulated” means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.
(5) “Visual material” means:
(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or
(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.
(b) A person commits an offense if:
(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct;
(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;
(3) the disclosure of the visual material causes harm to the depicted person; and
(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information or material related to the visual material; or
(B) information or material provided by a third party in response to the disclosure of the visual material.
(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person’s intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:
(1) in return for not making the disclosure; or
(2) in connection with the threatened disclosure.
(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.
(e) It is not a defense to prosecution under this section that the depicted person:
(1) created or consented to the creation of the visual material; or
(2) voluntarily transmitted the visual material to the actor.
(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:
(1) the disclosure or promotion is made in the course of:
(A) lawful and common practices of law enforcement or medical treatment;
(B) reporting unlawful activity; or
(C) a legal proceeding, if the disclosure or promotion is permitted or required by law;
(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person’s voluntary exposure of:
(A) the person’s intimate parts; or
(B) the person engaging in sexual conduct; or
(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.
(g) An offense under this section is a state jail felony.
(h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.