Petition for the Improper Photography or Visual Recording Law to Be Enforced as Passed.
  • Petitioning Texas Legislature

This petition will be delivered to:

Texas Legislature

Petition for the Improper Photography or Visual Recording Law to Be Enforced as Passed.

    1. Halie Ricketts
    2. Petition by

      Halie Ricketts

      New Braunfels, TX

The Improper Photography or Visual Recording Law was passed into law by the Texas Legislature. A judicial opinion has been handed down citing “freedom of speech” violations, thus gutting the intent of the legislation by ruling it unconstitutional. This ruling leaves citizens vulnerable to this crime.

The Fourth Court of Appeals in Bexar County, Texas, ruled that the Improper Photography or Visual Recording Law was unconstitutional in 2013 because the statute substantially restricted the First Amendment, freedom of speech. Because of this ruling, Texas is not protecting the victims of this crime but instead protecting the criminal. Women and children, as well as men, should be able to go out in public without feeling that they are not protected by the law.

The Texas Government must make the Improper Photography or Visual Recording Law constitutional to protect its citizens.

We, the undersigned, are concerned citizens who urge the leaders to act now to in making this law constitutional.

To:
Texas Legislature
The Petition for the Improper Photography or Visual Recording Law to Be Enforced As Passed has been signed again. Please review this law so that Texas citizens are protected.

Sincerely,
[Your name]

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    1. Reached 1,000 signatures

    Supporters

    Reasons for signing

    • Lori Gonzales SAN ANTONIO, TX
      • 10 days ago

      I work around many kids , you'd have more to worry about if " I " catch someone taking a pic under my girls dresses

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    • Fabian McIntyre SAN ANTONIO, TX
      • 10 days ago

      Dear Texas Legislators:

      As mush as I hate it when people make fun ofme, I wish to complain about persons improperly photographing another person without their consent to arouse or gratify the sexual desire of another person which was illegal until the Texas's Forth Court of Appeals declared the Texas Improper Photography Statute unconstitutional on Friday.

      I am complaining because I am dissatisfied with the fact that another person can improperly photograph another person without their consent to arouse or gratify their sexual desire of another person under circumstances in which the other person should have a reasonable expectation of privacy in public and it's now legal. I believe this act should be a criminal act because obviously any reasonable person would find this type of behavior offensive, disgusting and unacceptable in society. Yet, Texas's Fourth Court of Appeals declared the Texas Improper Photography statue unconstitutional.

      To resolve this problem I would like you to write a letter to our other Texas's legislators requesting them to adopt the California Penal Code Section 647(j)(2) into the Texas Penal Code. The California Penal Code Section 647(j)(2) PC involves using a concealed device to record another person’s body or undergarments. The state of Texas should adopt the penal code section into the Texas Penal Code because it would protect the privacy rights of persons under circumstances in which the other person should have a reasonable expectation of privacy in public.

      Though the state of Texas has not recognizes the privacy rights of persons body and undergarments under circumstances in which they should have a reasonable expectation of privacy, praise God; the state of California has recognizes the privacy rights of person's body and undergarments under circumstances in which the other person has a reasonable expectation of privacy in public. The California Penal Code Section 647(j)(2) states, ''a defendant would be guilty of this offense where the following elements are present: The defendant used a concealed camcorder, motion picture camera, or any type of photographic camera to secretly videotape, film, photograph or record another identifiable person under or through the other person’s clothing for the purpose of viewing the body or undergarments of that other person without the consent or knowledge of the other person with the intent of sexual arousal or invasion of privacy and under circumstances in which the other person had a reasonable expectation of privacy.''

      Though the state of Texas's Fourth Court of Appeals declared the Texas Improper Photography statue unconstitutional, the Texas Fourth Court of Appeals poor decision should be unconstitutional because it failed to recognize the privacy rights of persons undergarments under circumstances in which the other person should always have a reasonable expectation of privacy which is an invasion of their privacy. For instance, if you were at a Spurs game or a Silver Stars game with your wife and sister, and some donkey wipe put his concealed camcorder under their skirts to photograph, it's perfectly fine with the state of Texas Fourth Court of Appeals. But is it perfectly fine with you?

      I find it very disgusting that someone can actually take a picture under our moms, your wife if you're married, our sisters, your daughters if you have daughters, our nieces, your fiance if you have a fiance, your girl-friend if you have a girl-friend, our cousins, our friends, and our aunts skirts for arousing or gratifying the sexual desire and it's not against the law according to First Assistant District Criminal Attorney Clifford Herberg Jr. I wonder what would he do to help get the California Penal Code Section 64(j)(2) adopted into the Texas Penal Code.

      When I first learned of this problem from San Antonio, TX First Assistant District Criminal Attorney Clifford Herberg Jr. on KSAT12 news yesterday September 18, 2014, Thursday 10 o'clock, I was very surprised and disgusted! When he said, ''This has proven to be an important statute in what I could call the digital age, this is the kind of statue that prevents someone from photographing under a woman's skirt'' I felt very compiled to write him a letter and ask what would he do to help change the law.

      I believe the decision of Texas's Forth Court of Appeals declaring the Texas Improper Photography Statute unconstitutional on Friday is unfair because under circumstances the other person should always have a reasonable expectation of privacy; and it should not be invaded. I would like you. Mr.President & all Texans to written a statement explaining Texas's Forth Court of Appeals position, and why you believe the California Penal Code Section 64(j)(2) adopted into the Texas Penal Code. I look forward to seeing a change in our Texas Penal Code for all womens privacy rights from you as soon as possible to resolve this problem. Thank you very much snd God bless you!

      Repectfully,

      Fabian McIntyre

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    • amanda nolan LOUISVILLE, KY
      • 11 days ago

      I'm signing because this is an invasion of privacy!!!

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    • Jennifer Allison SAN ANTONIO, TX
      • 12 days ago

      It's just courteous to ask someone's permission before taking a picture of them. Businesses are required to notify customers if they are being videotaped for security purposes. Parents sign waivers giving schools permission to take photos of their children.

      REPORT THIS COMMENT:
    • Melanie Saenz CORPUS CHRISTI, TX
      • 12 days ago

      Sexual harrasment should not be legal.

      REPORT THIS COMMENT:

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