Criminal Defense Sex Offenses
Invasive Visual Recording
Invasive visual recording is a felony under Texas Penal Code § 21.15. It is illegal to photograph or record another person in a bathroom, dressing room, or other private space without their consent, or to record beneath or through a person's clothing without their consent. With the prevalence of smartphones, these charges are increasingly common, and the consequences are serious. Todd Rash provides experienced, discreet defense for clients facing these charges throughout North and Central Texas.
Texas Law Penal Code § 21.15
Invasive visual recording is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. The law covers recording or photographing a person in a private space without consent, as well as "upskirt" or "downblouse" recording beneath or through clothing. Promoting or distributing such recordings is a separate offense and carries additional penalties.
Digital Evidence
These cases are built on digital evidence, including the recordings themselves, device metadata, and account activity. Todd Rash retains IT professionals who can examine how recordings were made, whether they were intentional, and whether the evidence has been properly handled and authenticated. The prosecution must prove that the recording was made knowingly and without consent.
Context and Circumstances
Not every recording that ends up on a device was intentionally made. Accidental recordings, shared devices, and misidentified footage are all legitimate issues in these cases. Todd Rash investigates the full circumstances of every allegation and challenges the prosecution's evidence at every stage.
Potential Penalties
- › State jail felony (180 days to 2 years in state jail
- › Fine of up to $10,000
- › Additional charges for promoting or distributing recordings
- › Possible sex offender registration
- › Permanent criminal record
Possible Defenses
- › Recording was not intentional
- › No reasonable expectation of privacy in the location
- › Consent of the person recorded
- › Mistaken identity or shared device
- › Improper handling or authentication of digital evidence
- › Unconstitutional search or seizure of electronic devices
Frequently Asked Questions
Facing Invasive Visual Recording charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
Free Consultation(817) 808-2247Understanding the Cost of a Sex Offense Defense
Sex offense cases are among the most complex and resource-intensive in criminal law. Attorney fees are typically on par with murder and other serious felony charges a reflection of the time, preparation, and expertise required.
An effective defense often requires retaining outside experts: polygraph examiners, licensed psychologists for psychosexual evaluation, private investigators, and information technology professionals. These expert fees are separate from attorney fees and are the responsibility of the client.
Todd Rash will be straightforward with you about anticipated costs from your very first consultation.