Improper Photography Lawyer
In Texas, the law regarding improper photography dictates that the use of hidden cameras and/or taking photographs or videos of a sexual nature without the subject’s consent can result in a felony charge.
Paul Doyle is a criminal defense attorney in Houston, TX, who protects clients charged with this crime and more.
If you're facing charges, we're committed to helping you escape prison time, financial penalties, and damage to your reputation.
Conviction For Improper Photography
Brings Stiff Criminal Penalties
According to the Texas Penal Code, an improper photography offense is a state jail felony. This means that a conviction carries a minimum of 180 days in prison with a maximum two-year prison sentence.
In addition to prison time, a state jail felony offense conviction can result in a fine as high as $10,000. If an individual with an existing felony record is convicted of a state jail felony, they will be punished for improper photography as a third-degree felony, meaning their prison sentence can be as long as 10 years.
What Constitutes a
Being charged with a photography crime can come as a total shock. You may be charged with criminal improper photography under the Texas Penal Code if you are accused of using any electronic means, typically photographs or video, to broadcast, record, or transmit any images that meet the following criteria:
- Invasion of the recorded individual's privacy
- The images were taken or shared without consent
- The intent of the shared images is arousal or the gratification of sexual desires
Why Texas Picks Paul
In photograph crime cases involving sympathetic alleged victims, the deck can often feel stacked against the defendant. It is incredibly important that a lawyer defending their client from improper photography charges has a deep understanding of the tactics that will be employed against their client. Paul Doyle spent almost seven years of his career as a prosecutor. He was also chosen to represent the Harris County District Attorney’s office to train prosecutors throughout Texas. Our lawyer knows which strategies will be used against clients – and how to take these strategies apart.
If you are charged with improper photography, the last thing you want is a lawyer who falsely believes that you are an immoral person who took pleasure in violating another's privacy. Paul is known for passing no judgment at his Houston defense attorney's office. During his time as an attorney representing the wrongly accused in Texas, he has been involved in cases centered around virtually any charge you can think of. He has fought fearlessly for his clients, achieving multiple dismissals in child pornography cases and other sex crimes like indecent exposure and aggravated sexual assault.
Talk to Our
Paul Doyle has been a practicing lawyer since 1999. Having spent the vast majority of his career in criminal defense, he is armed with the intricate legal knowledge necessary to craft a compelling case and achieve a life-altering outcome in your improper photography case.
During his distinguished career, our attorney has developed a well-founded reputation among prosecutors as a defense lawyer who will take a case the distance. When his clients' charges are not dismissed and they are not offered a suitable plea deal, Paul prepares for trial with full confidence that he can win. Reach out to us for help from an acclaimed Houston lawyer.
More 5-Star Reviews From Houston
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Paul Doyle & Associates are very professional and know how to get favorable results. Despite the obstacles, Paul Doyle worked arduously and diligently resulting in my case being dismissed. Special thanks to Paul, Trevor and Maria for your courtesy and professionalism. I highly recommend Paul Doyle & Associates if you find yourself in need of an awesome Criminal Defense Attorney. Thanks again!View on Google
The 1st Amendment Protects You
The 1st Amendment, which protects your freedom of speech, can be a great benefit in defending criminal cases involving photographs. In fact, the Texas Court of Criminal Appeals struck down most of the improper photography statute by declaring it unconstitutional because the law violated first-amendment protections of free speech.
However, some of the law still is in effect. For example, in locations where people have a high expectation of privacy, such as a bathroom or changing room, a person caught taking a picture or recording a video can still be prosecuted under this law. Our Houston attorney has a deep understanding of how the 1st Amendment protects defendants who are charged with the intent to invade another's privacy without consent.
Technological Advancements Have Complicated These Cases
Texas law has not yet comprehensively evaluated what the advent of the internet and technology mean for criminal conduct and procedure. The immense social change of this century has made it so technological innovation is ubiquitous in younger generations.
Teenagers now have the ability to record anything at any time and immediately distribute it. This can lead to improper photography charges. For example, if Sally sent an explicit photo or video to John and he forwarded it to others, he could later be prosecuted for such an act if sharing the image or recording was non-consensual. If Sally is underage, then the charge rises to the distribution of child pornography. A first offense for child pornography is a third-degree felony in Texas, meaning a conviction can lead to decades in prison and mandatory lifetime sex offender registration.
If you or your child has been charged with invading another's privacy through criminal photographs, our lawyer will do everything in his power to mount a defense that takes into account intent and consent.
Potential Defenses To Improper Disclosure
The disclosure of the material was committed in order to follow typical law enforcement or medical treatment practices.
The disclosure was made in an effort to report unlawful activity or as part of a legal proceeding.
The visual material was obtained via a recording in a public or commercial setting where the subject voluntarily exposed their intimate parts.
The visual material was provided by another person to an interactive computer service, meaning the defendant was not actively involved in its solicitation or spread.