Texas and Neighbors Video Cameras

[TexasJake]

I’m asking this for a less tech savvy family friend. We are in Texas. Here is the situation: their neighbor, who recently had brain surgery, is acting odd and suspects them of poisoning his water. He has now for some reason pointed cameras at their bathroom window and their daughters windows. The cops were called and say he is within his rights and their is nothing they can do about the cameras.

Is this correct? Is their only recourse to plant something to block his view of their daughters? I appreciate any help and any state laws you can point me to to support this, one way or the other.

 

[LdiJ]

I’m asking this for a less tech savvy family friend. We are in Texas. Here is the situation: their neighbor, who recently had brain surgery, is acting odd and suspects them of poisoning his water. He has now for some reason pointed cameras at their bathroom window and their daughters windows. The cops were called and say he is within his rights and their is nothing they can do about the cameras.

Is this correct? Is their only recourse to plant something to block his view of their daughters? I appreciate any help and any state laws you can point me to to support this, one way or the other.

Some good window shades would make more sense than planting something.

 

[TexasJake]

I’d agree if they weren’t concerned that his behavior will continue, at which point their daughters are still being filmed in the yard. I’d find this unacceptable as a father and assume most others would as well.

 

[justalayman]

I’d agree if they weren’t concerned that his behavior will continue, at which point their daughters are still being filmed in the yard. I’d find this unacceptable as a father and assume most others would as well.

While intentionally recording bathrooms and or bedrooms might be a problem (although generally it isn’t. It requires the viewing to be for a lewd purpose or for sexual arrousal or gratification) recording of a person outside is simply not going to be a legal problem. One is generally allowed to record as long as they are recording from a legal vantage point.


You may have a civil remedy though;

TEXAS COMMON LAW
In Texas, the source of the most general privacy and related protections in the private sector is Texas common law.
INVASION OF PRIVACY
In Texas, individuals enjoy a right of privacy the invasion of which constitutes an injury for which a remedy will be granted. Billings v. Atkinson, 489 S.W.2d 858 (Tex. 1973)
Privacy Interests Protected: The tort of invasion of privacy broadly protects three recognized privacy interests:
1. The right of a person to be free from an unreasonable intrusion into his/her physical solitude, seclusion or private affairs;
2. The right of a person to be free from publication of his/her private affairs with which the public has no legitimate concern; and
3. The right of a person to be free from the unwarranted appropriation or exploitation of his/her personality.
Indus. Found. of the South v. Texas Indus. Accidental Board, 540 S.W.2d 668 (Tex. 1976)
Intrusion Into Private Affairs: To state a claim under the tort of invasion of privacy based upon an unreasonable intrusion into a person’s physical solitude, seclusion or private affairs, a claimant must show:
1. An intentional intrusion;
2. Which is unreasonable, unjustified or unwarranted;
3. Upon the solitude, seclusion or private affairs of the claimant;
4. That would be highly offensive to a reasonable person.
Farrington v. Sysco Food Service, Inc., 865 S.W.2d 247, 253 (Tex.App. [1st Dist.] 1993, writ denied)

I would suggest contacting an attorney and discussing the matter with him to explore the possibility.

 

[quincy]

I’m asking this for a less tech savvy family friend. We are in Texas. Here is the situation: their neighbor, who recently had brain surgery, is acting odd and suspects them of poisoning his water. He has now for some reason pointed cameras at their bathroom window and their daughters windows. The cops were called and say he is within his rights and their is nothing they can do about the cameras.

Is this correct? Is their only recourse to plant something to block his view of their daughters? I appreciate any help and any state laws you can point me to to support this, one way or the other.

The neighbor potentially could be charged with a state jail felony under Texas Penal Code section 21.15.

Here is a link to the law: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.21.htm#21.15

A neighbor's surveillance cameras can capture what can be seen by the naked eye from a public vantage point but cannot be aimed to capture areas where someone has a reasonable expectation of privacy (e.g., inside another's home, in bathrooms, in bedrooms).

In addition to possible criminal penalties, civil actions are available to one whose privacy has been invaded.

 

[justalayman]

I suspect the police acted based on this section which means if no attempt to shield the view into the room it’s fair game (barring the presence of lewd intent or for purposes of sexual gratification)

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;


I do see the next section does specifically adress bathrooms though


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


And wonder why the police spoke as they did.

Things that make you go hmmm.


Maybe op should print out that section of law, highlight the second section, and speak with the local prosecutor. Given the response by the police I wouldn’t expect them to be overly open to a civilian attempting to educate them on the law. P

 

[quincy]

I suspect the police acted based on this section which means if no attempt to shield the view into the room it’s fair game (barring the presence of lewd intent or for purposes of sexual gratification)

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;


I do see the next section does specifically adress bathrooms though


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


And wonder why the police spoke as they did.

Things that make you go hmmm.


Maybe op should print out that section of law, highlight the second section, and speak with the local prosecutor. Given the response by the police I wouldn’t expect them to be overly open to a civilian attempting to educate them on the law. P

I imagine the police would prefer the neighbors handle the matter on their own.

 

[PayrollHRGuy]

I suspect the police acted based on this section which means if no attempt to shield the view into the room it’s fair game (barring the presence of lewd intent or for purposes of sexual gratification)

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;


I do see the next section does specifically adress bathrooms though


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


And wonder why the police spoke as they did.

Things that make you go hmmm.


Maybe op should print out that section of law, highlight the second section, and speak with the local prosecutor. Given the response by the police I wouldn’t expect them to be overly open to a civilian attempting to educate them on the law. P

Because cops aren't lawyers and may not fully understand the law.

If I were the OP I would contact the prosecutors office.

 

[quincy]

Because cops aren't lawyers and may not fully understand the law.

If I were the OP I would contact the prosecutors office.

That is what I would do, as well, if the police will not speak to the neighbor and if the neighbors can't speak to each other.