Texas Improper Photography Law

The Texas Improper Photography law has come under close scrutiny in recent months. Last fall an appeals court in San Antonio struck down a portion of the statute because the wording is too broad and violated freedom of speech. Law enforcement has been making more arrest under this statute in recent years primarily due to new cell phone technology making it possible for persons to take photographs in public undetected.

I was recently asked by Fox 4 in Dallas my thoughts on the Texas Improper Photography law. Right now the conduct is still illegal but it is likely that the Court of Criminal Appeals will find Section 21. (b) (1) unconstitutional. The way the law is currently written if a photographer took a photo of a celebrity in a swim suit they could potentially be prosecuted. The language is too broad to pass constitutional scrutiny for freedom of speech. If the that portion on the statute is struck down I am sure the legislature will act quickly to rewrite the law.

A Texas Improper Photography charge is very serious and a conviction can have life changing consequences. If you are charged with Improper Photography you need to meet with a criminal attorney as soon as possible. An experienced Texas criminal attorney can advise you how to proceed through the criminal justice system and will be able to advise you as to the best way to defend this charge.


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