Is it illegal to take a picture of someone without their permission in Texas?

Asked by: Theo Stokes  |  Last update: April 17, 2025
Score: 4.3/5 (4 votes)

According to the Texas Penal Code Section 21.15 – Invasive Visual Recording makes it a crime for you to photograph, record, or transmit the following without consent: The intimate area of another individual, if they believed the public would not see that area. An image of someone in a bathroom or changing room.

Can you take a picture of someone without their consent in Texas?

Illegal Photography or Recording: It's an offense to photograph or record a person without their consent, and with the intent to arouse or gratify sexual desire. This applies to images captured by any means, including cameras, cell phones, or other electronic means.

What happens if someone takes a picture of you without your permission?

Photos taken illegally, on private property, or with defamatory intent may require a personal injury attorney. Images with minors or illegal pornographic content may require the government's help. Contact your local law enforcement.

What is it called when someone takes a picture of you without permission?

Invasion of Privacy: If the photo was taken in a way that violates your right to privacy, such as by using a telephoto lens to capture intimate moments from afar, you may have legal recourse.

What is the camera law in Texas?

Section 21.15 prohibits a person from photographing or videotaping in areas like bathrooms, changing rooms, and areas where a person has a reasonable expectation of privacy. Unlawful disclosure or promotion of intimate visual material.

Can You Record People Without Permission?

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Can I sue someone for recording me without my permission in Texas?

Texas & Federal Laws

This means that unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation if the parties have a "reasonable expectation of privacy." This is true both in person and over the phone.

What is considered invasion of privacy in Texas?

Texas observes three types of invasion of privacy claims: (1) misappropriation—the right to be free from the unwarranted appropriation or exploitation of one's personality; (2) unlawful publicity—the publicizing of one's private affairs with which the public has no legitimate concern; and (3) intrusion on seclusion—the ...

Can I sue someone for taking a picture of me without consent?

It can be challenging to file a lawsuit against a stranger who takes your photo while you are on public property. However, you may have a case if this person took your picture on private property. A restaurant, bar, or event posts your photo.

What to do if someone has photos of you?

You need to:
  1. report the picture to the website and let them know the situation.
  2. untag yourself if possible - this is where you remove a tag identifying you in the picture.
  3. contact the person who shared the image and ask them to take it down.
  4. get a list of everyone or every site that has shared pictures.

Is it legal to take a picture of someone's driver's license?

Ordinarily, yes. A person's driver license photo will usually be protected by state laws that prohibit unofficial uses by government entities, as well as use by private/commercial organizations. But, in an emergency situation, or if you are wanted by police, that photo can be plastered everywhere by the media.

Is it illegal to take a picture of someone without their permission in Canada?

In Canada, it is NOT illegal for anyone to take a picture or video of another person in a public space without their consent no matter what the age of person whose image is being captured. This includes situations where the subject of the photo is a child.

What to do if someone posted a picture of you without your permission on Facebook?

Facebook provides a number of ways for people to report imagery that they believe violates their privacy. The quickest way to report abuse is by using the Find Support or Report links located near the photo or video that you want to report.

Is it illegal to take a picture of someone without their permission in South Africa?

Conclusion. You can take a photo of anyone, anywhere as the act of taking a photo is not illegal. There are few exceptions which pertain to government installations that carry restrictions.

Can you go to jail for taking a picture of someone without their permission?

It is legal to photograph or videotape anything and anyone on any public property, within reasonable community standards.

Is it illegal to film someone in their home?

In two-part consent states like California, Florida or Michigan, both or all sides need to give their consent to have their conservation recorded. It is never legal to record a conversation where no one is giving consent.

Is it illegal to take a picture of someone without their permission in school?

As a rule, we tell student photographers that they should get the teacher's permission and announce their presence in a classroom before taking pics. California law actually requires such permission by statute.

What to do if a random person takes a picture of you?

If you or your family members believe that your privacy rights have been violated, contact a personal injury attorney near you who can provide legal advice and help determine what recourse you may have.

Is it illegal to take a picture of someone and share it?

Every day, new photos are uploaded to social media websites, often without the explicit consent of everyone in those pictures. However, sharing photos of someone else becomes an illegal act when that person sent you the photo with the expectation it would remain private, and the photo was intimate or sexual in nature.

Can you force someone to delete pictures of you?

In the United States, statutes protecting privacy and intellectual property rights can be used to make someone take down photos of you under certain circumstances.

What is it called when you take a picture of someone without them knowing?

However, if the intent is that the subject is absolutely unaware of being photographed and does not even expect it, then such photography is secret photography, which is an extreme case of candid photography.

Can you sue someone for using your name without permission?

Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another's name, voice, signature, photograph, or likeness without that person's prior consent.

Is it illegal to take pictures of a minor without consent?

Your child has the same right to privacy as an adult does. No one can photograph or film your child in a location where he or she believes himself or herself to be alone, even if alone with his friends. For example, if the child is in a sandbox at a public park, a photographer can take his or her picture.

What is the new privacy law in Texas?

The Texas Data Privacy and Security Act (TDPSA) establishes new laws for collecting, storing, processing, and selling consumer information linked to a specific individual. TDPSA was passed as House Bill 4 during the regular session of the 88th Texas Legislature. The law became effective July 1, 2024.

What are the four types of invasion of privacy?

The four main types of invasion of privacy claims are:
  • Intrusion of Solitude.
  • Appropriation of Name or Likeness.
  • Public Disclosure of Private Facts.
  • False Light.

How do you prove someone is invading your privacy?

The right of privacy is invaded when there is:
  1. unreasonable intrusion upon the seclusion of another,
  2. appropriation of the other's name or likeness,
  3. unreasonable publicity given to the other's private life, and.
  4. publicity which unreasonably places the other in a false light before the public.