Question about Camera's

[redman242]

So I was wondering if it is considered illegal to put a camera in the bedroom of your home and not tell anyone about it. The video is NEVER sent to anyone else or uploaded to any website, it is just viewed by the owner of the home. The part I am thinking might be in question is if the said owner's significant other doesn't know the camera is there.

Also this would be concerning Texas law because I know the law on camera's change in every state.

[ShysterJon]

Your question is imprecise, so I'll restate it in what I think is a meaningful way. Be sure to let me know if I misunderstood.

Under Texas state law, is it a crime to covertly record another during sexual activity, without publishing the recording?

Yes, under the Texas "Revenge Porn Law."

In 2015, the Texas State Legislature passed the Texas Revenge Porn Law which states, in relevant part:

TEXAS PENAL CODE SEC. 21.15. INVASIVE VISUAL RECORDING
* * *
(b) A person commits an offense if, without the other person's consent and with [the] 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;
* * *
(c) An offense under this section is a state jail felony.

See https://statutes.capitol.texas.gov/D...E.21.htm#21.16 (emhasis added). A state jail felony is punishable by up to two years in a state jail facility, a $10,000 fine, or both.

Thus, it is a crime to record such images without broadcasting them, as long as the intent requirement is met. Also, sending the images from the recording device to another electronic device would be, arguably, a "transmission," which the law also makes illegal.

(As an aside, nudity isn't required to violate Section 21.15 as long as the recording shows an "intimate area." "'Intimate area' means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person." Id. (emphasis added).

[Unique_Carpenter]

Welcome back Jon.

For the OP, there are similar laws elsewhere, yes vary from state to state.

[redman242]

Let me be a little more clear. I put camera's all over my home, they are in the living room, hallways, one in my closet but not in the girlfriends closet and one in the bedroom. There were never any sexual acts recorded on the camera. My girlfriend's friend found one of the camera's when she was going thru my stuff and now she is saying she wants to press charges against me because she says it showed her naked in the bedroom. I don't know if it does or doesn't show that because I have never had a reason to look at the recording because nothing has ever went missing.


Also there are no camera's in the bathrooms or guest bedrooms because there is nothing of value in those rooms so no need to have it recorded.

[Unique_Carpenter]

Reread the Texas statue posted above.

[DNinja69]

One thing to look at is what notifications can or should be used to minimize or avoid criminal charges or civil liability. Would a small sign on the front, back, and/or garage entrance stating 'premises monitored by video' or something similar. The expectation of privacy would then be different and then be for private areas only like bathrooms.

If I know going in there are cameras then it is partly my responsibility to ask what areas are considered 'private'

That said I can't think of any reason a camera would be aimed at a bed (crib yes) where it would be OK that the people in the bed were not made aware about the cameras.

[redman242]

After doing some research on that law it looks like they are going to change the wording on it.

This is the new law that I found that was passed and is on the way to the governor.

https://capitol.texas.gov/tlodocs/86...l/HB00098F.htm

https://legiscan.com/TX/bill/HB98/2019

But on another note I did look over the video of the camera in my closet and found out that her friend stole money I had left in there so now I get to deal with that too.

[JRLawrence]

Originally Posted by redman242

Let me be a little more clear. I put camera's all over my home, they are in the living room, hallways, one in my closet but not in the girlfriends closet and one in the bedroom. There were never any sexual acts recorded on the camera. My girlfriend's friend found one of the camera's when she was going thru my stuff and now she is saying she wants to press charges against me because she says it showed her naked in the bedroom. I don't know if it does or doesn't show that because I have never had a reason to look at the recording because nothing has ever went missing.


Also there are no camera's in the bathrooms or guest bedrooms because there is nothing of value in those rooms so no need to have it recorded.

there are no camera's in the bathrooms or guest bedrooms


Please reread what you said. Does this make it easier to understand? What was she doing going through your stuff? Did she have your permission? What was she doing in your house?

[Fizley]

Most states have similar statutes as the Texas 21.16. In California we had a similar situation where someone was recorded when they expected privacy. Here is the news article link.

https://www.google.com/amp/s/amp.sac...211932519.html

After two burglaries at my personal residents, I set up cameras all over my house. My office has a spare bed in there for guests to stay when they visit. The camera is wall mounted and clearly visible,yet even then I ave a red sign with black lettering saying "Camera", just so anyone visiting can never say they didn't know about the camera. When someone need to stay the night in the room I take them into the room and make them watch me unplug the camera.

[sketchball82]

I haven't really looked into this, but I wonder if one could persuasively evoke the canon of surplusage, arguing that based on the plain meaning of the statute as written, "without the other person's consent" is a separate element than "with intent to invade the privacy of the other person."

In short, the argument is not having her consent does not imply it was done with the intent to invade her privacy. If you were already having sex, there was no intent to invade privacy because she had given you total access to her body.

It probably would not work, but that's the best argument I see.

[ShysterJon]

Now that we know the facts of the OP's situation, I agree with sketchball82: The state would be hard-pressed to prove that the OP intended to invade the friend's privacy by recording her when his intent was to document any thefts.

Also, the statute cited by redman242 (Texas Penal Code Section 21.16) is not the statute we've been discussing (Section 21.15). Section 21.15 regards recording, while Section 21.16 regards the DISCLOSURE of material.