Quote:
Originally Posted by WTF
Yes the rules are different FOR LE....but not for civilians. Do you think you can supposedly illegally record a police officer and not get charged? Fuck no. They would charge the lady up the gazoo if they could. They can not because it is legal to secretly record a private conversation in Texas as long as one of the parties give consent.
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More legal analysis from the guy who predicted Zimmerman would be convicted of "something" in his prosecution for the death of Martin.
Guess who provides "the as long as one of the parties give consent" ...
.... the "party" (according to your analysis) doing the recording...... and are you "confusing" phone taps?
Texas Penal Code:
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."
The "problem" with the analysis is you, and others, confuse the "remedy" if an "unauthorized" video/audio is taken ... the "exclusionary rule" is the remedy in a criminal prosecution, but there are procedural and evidentiary exceptions to the rule.
The internet is full of video taken without "consent" of the part taped. That does not mean the video was taken "lawfully."
And perhaps more closely on point ....
18 U.S. Code § 1801 - Video voyeurism
(a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.
(b) In this section—
(1) the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
(2) the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
(3) the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;
(4) the term “female breast” means any portion of the female breast below the top of the areola; and
(5) the term “under circumstances in which that individual has a reasonable expectation of privacy” means—
(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.
(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.
(Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.)
Take it up with the U.S. Attorney's Office.
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