In Texas recording or being recorded is a one-sided affair. We are what’s known as a one-party consent state. That means that only one party that is being recorded must agree to be recorded. So usually, the recording party is the one that knows and agrees to be recorded. It’s also how snitches do their job, the police are recording but the snitch has agreed to be recorded so the person they are after doesn’t have a choice. Mistakes can still be made where you can expose yourself to criminal charges. Section 16.02 of the Texas Penal code covers this.
First, what you can’t do is tap someone’s phone or bug someone’s home or phone and listen to or record their conversations. This should make sense because they have not agreed to the recording and you are not the only one speaking to them. You are also not allowed to capture signals that are sent between devices and decrypt them or use devices to have access to private conversations or messages. These laws apply to the average citizen and the government alike. That is why when law enforcement wants to listen in on a private citizen’s conversation, they have to get a warrant.
The warrant is what allows them to tap phone lines or listen in on private conversations. There is a simple way to get around all this, you may have heard it when you call your bank or a company. They just tell you upfront that you are being recorded. The same goes from people in custody in a jail. The jails provide a phone that you must pay for to use and they inform you that all the conversations will be recorded. I am unsure how I feel about this because you don’t have another option while in custody. You are essentially being forced to accept the recording or you don’t have access to the outside world. I understand that it is a safety feature to prevent contraband or breakouts, but it still seems unfair.
Now just because video and audio recordings are one party, doesn’t mean that you are allowed to record whatever you want. Out in public, for the most part, anyone caught in your recording can’t really complain because they have exposed themselves to being seen. The way the law works is a bit harsh. It essentially says if you don’t want to be recorded or looked at, stay at home, that’s where your privacy right is the strongest. Section 21.15 of the Texas penal code covers the areas outside of the home and the subject matter that is not ok to record without someone’s permission.
First and foremost, if the subject of the recording thinks they have privacy, then you can’t record without their permission. Examples given in the code are dressing rooms, locker rooms, and swimwear changing areas. But location is not the only thing that matters, it is also what you record. If you capture an intimate area of another person. This usually refers to “private areas” or genitalia. If this is done with intent it can be a state jail felony. What you do with the recording after can get you in even more trouble.
So, before you start recording everything you do, reach out to a lawyer and make sure you don’t get yourself in trouble. If you already got yourself in trouble, give us a call.
Comments