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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24488
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a person start to take a photo on a nude miner and stops

Customer Question

If a person start to take a photo on a nude miner and stops before he does it. But was seen doing it. What are the charges that will be brought against him?
And there was a police report made.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

In what US state did this happen?

Customer: replied 2 months ago.
Texas
Expert:  Zoey_ JD replied 2 months ago.

Thank you. Also, can you tell me how old the minor was and how old you are?

Customer: replied 2 months ago.
14yr and 53yr
Expert:  Zoey_ JD replied 2 months ago.

Thanks again. Please give me some time to look up the law of your state and compose an answer.

Expert:  Zoey_ JD replied 2 months ago.

This would make out indecency with a child in that you caused the child to reveal private parts when the minor was too young to consent to that. This would be a felony of the third degree.

It would also be an attempted sexual performance of a child in that you attempted to take nude photos of a 14 year old. Inducing a child to pose would be a felony of the third degree. An "attempt" would lower it one degree to a felony of the fourth degree.

Either of these charges is serious leading to the possibility of years in prison and lifetime registration as a sex offender. There are defenses, however, if there is a legitimate non sexual purpose for what you were doing.

Customer: replied 2 months ago.
She was fixing to take a shower. The camera was under the door. She didn't know. I didn't take photo or see anything. Is this still the case?
Expert:  Zoey_ JD replied 2 months ago.

This makes a big difference. This is a violation of Texas's peeping tom statute, that is, attempting to take photos where someone has an expectation of privacy. Let me look it up but it should be significantly less serious.

Expert:  Zoey_ JD replied 2 months ago.

Here's the statute:

Sec. 21.16. VOYEURISM.

(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.

(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.

(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.

(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Expert:  Zoey_ JD replied 2 months ago.

Also see this one:

Sec. 21.15. INVASIVE VISUAL RECORDING. (a) In this section:

(1) "Female breast" means any portion of the female breast below the top of the areola.

(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.

(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.

(4) "Promote" has the meaning assigned by Section 43.21.

(b) A person commits an offense if, without the other person's consent and with 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;

(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or

(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).

(c) An offense under this section is a state jail felony.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

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As this would be only an attempt, it would be a class A misdemeanor charge rather than a state jail felony.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.