Legal Question in Civil Rights Law in Texas

My brother is going through a very messy custody battle, for his 2 young children, with his ex wife. She has once claimed that my brother hit her and elbowed her, and placed a protective order against him, not knowing that I was recording the entire confrontation on video. Since that day I go with my brother to pick the 2 girls up and to drop them off, with a video recorder in case she tries to claim he hit her again. My brother's attorney has told him that he needs to do this every time he is around her that was he is protected. When we arrive to get the children the camera stays on my brother for the most part, so she can't claim that he made anykind of jesture at her and so forth. She is now after almost a month and a half is claiming, Texas Penal Code - Section 21.15. Improper Photography Or Visual Recording. Yet at the same time her new husband is taking pictures and video of my brother and myself while we are there. My question is this, since the video camera stays outside on the porch or in the yard and the video is there to protect my brother, am I still within rights to record as long as I am respecting their privacy?


Asked on 6/02/10, 7:15 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Keep your camera running, and never stop.

The definitions in section 21.15 are very important (as are the definitions in any statute). In what way is she claiming that you are acting "with intent to arouse or gratify the sexual desire of any person"?

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Answered on 6/02/10, 10:54 am


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