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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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My neighbor has several cameras pointed towards my property.

Customer Question

My neighbor has several cameras pointed towards my property. Two of these are pointed directly at our upstairs bedroom windows, one of which is my 9 year-old's bedroom. Is there anything I can do to have these removed?
Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am truly sorry for this dilemma
Title five of the Texas Penal Code provides the following :
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person; 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.
So if this camera is focused on your child's private dressing room? That could well be a violation of Texas law.
You can report this to local law-enforcement and request they prosecute ( again, assuming they are focusing on your childs dressing room )
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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