Voyeurism: Texas Penal Code §21.17

The Texas Voyeurism law makes it a crime to “spy” on someone without their consent for sexual purposes in a place that should be considered private.

The Texas legislature codified this criminal offense in Texas Penal Code Section 21.17. This statute was enacted in 2015 and most recently updated in 2023 to clarify that this illegal spying included remote electronic observation.

At the same time this law was originally enacted, the legislature created the Unlawful Disclosure of Intimate Visual Material offense. Interestingly, both of these offenses were initially designated as Penal Code Section 21.16, but Voyeurism was later redesignated as Penal Code Section 21.17. In addition to these laws, Texas has another “peeping Tom” law called Invasive Visual Recording.

Before these laws, Texas prosecutors would charge “peeping Toms” Disorderly Conduct. Now, if there is evidence that someone is spying on others to fulfill a sexual desire, prosecutors can pursue Voyeurism or Invasive Visual Recording charges.

The Penal Code classifies the Texas Voyeurism law under Title 5 “Offenses Against the Person,” Chapter 21 “Sexual Offenses.” Learn more about the Texas offense of Voyeurism below.

What is the current Texas law about Voyeurism?

Texas law currently defines the offense of Voyeurism in Penal Code Section §21.17 as follows:^[1]

(a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person’s consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.

Thus, observing people lounging at a public swimming pool may not qualify as the Texas crime of Voyeurism. However, spying on others in a changing room or looking over a fence would likely meet the criteria.

As described below, subsections (b), (c) and (d) classify the potential punishment levels for the offense.

Amendments effective in 2023

The phrase “including remotely through the use of electronic means,” in subsection (a) was added in 2023 by the Texas legislature.^[2] This change was made to make it clear that observing through electronic means, such as with drones or hidden cameras, constitutes an offense under PC 21.07.

Example of Voyeurism in “Peeping Tom” Cases

One example of a prosecution for Voyeurism in Texas involved a woman who experienced repeated late-night visits from a man. She eventually captured him on camera, revealing footage of him exposing his genitals and attempting to peer inside her home. In this instance, the sexual intent behind his actions is evident, making it likely that a prosecutor would charge him with Voyeurism.

What is a reasonable expectation of privacy?

This legal element of reasonable expectation of privacy defines which locations and activities individuals have a lawful right to keep private. To secure a conviction for a violation of the Texas Voyeurism law, the state must prove that the victim had a reasonable expectation of privacy. The most common example of a place where one has a reasonable expectation of privacy is at home, but it can also extend to areas where the average person would find intrusion offensive. However, the statute does not give a specific definition of what constitutes a “reasonable expectation of privacy.”

How can I be charged with a Voyeurism offense in Texas?

You can be charged with Voyeurism in Texas if the state’s attorneys believe that each of the elements of 21.17(a) as described in the section above have been met.

What is the statute of limitation for Voyeurism in Texas?

Misdemeanor level Voyeurism charges have a two-year limitations period.^[3] Felony level offenses have a three-year limitations period.^[4]

What is the penalty for a Texas Voyeurism offense?

A conviction for Voyeurism in Texas is punished as a Class C Misdemeanor,^[5] with a maximum possible fine under Texas state law of up to $500, unless the victim is under 14 or the state can prove you have two or more previous Voyeurism convictions.

If you have two or more prior convictions, the offense can be punished as a Class B misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

If the victim was a child younger than 14 years old at the time, then the offense is punished as a State Jail Felony,^[7] with a maximum fine under Texas state law of up to $10,000 and up to 2 years in a state jail.

Can you get probation for Voyeurism in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Voyeurism, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[9]

Do I have to register as a sex offender in Texas if guilty of Voyeurism?

The Voyeurism offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[10]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Voyeurism would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.

What level of crime is Voyeurism in Texas?

The Penal Code classifies the punishment for Voyeurism as a Class C misdemeanor, Class B misdemeanor, or state jail felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §21.17. This law is current as of 2024.^2. HB 2306, 88th Texas Legislature, Section 1^3. Code of Criminal Procedure 12.02(a)^4. See Code of Criminal Procedure 12.01(9)^5. Texas Penal Code §21.17(b)^6. Texas Penal Code §21.17(c)^7. Texas Penal Code §21.17(d)^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^9. Art. 42A.054(b), Texas Code of Criminal Procedure^10. Code of Criminal Procedure, Article 62.001