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Law on TX Video Surveillance

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SirAthos

Junior Member
What is the name of your state (only U.S. law)? TX

A friend owns a home and allows her married daughter to live in it (there is no contract). The friend does not live in that home.
The friend now suspects that the daughter's child might be abused.

Is it legal for the friend (and home owner) to install a hidden video camera (no audio) in that home, to gather evidence?

Would she need to post a sign advertising that the home is under surveillance?

Are there any "forbidden" areas, such as bathrooms?

Thank you very much in advance.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
NO SHE CANNOT FILM THE INSIDE OF SOMEONE ELSE'S HOUSE WITHOUT THEIR PERMISSION.

Yes I am shouting but she could get in major legal trouble if she attempted any such thing. She has no right to place a camera in someone else's residence. Which is what this house is.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? TX

A friend owns a home and allows her married daughter to live in it (there is no contract). The friend does not live in that home.
The friend now suspects that the daughter's child might be abused.

Is it legal for the friend (and home owner) to install a hidden video camera (no audio) in that home, to gather evidence?

Would she need to post a sign advertising that the home is under surveillance?

Are there any "forbidden" areas, such as bathrooms?

Thank you very much in advance.What is the name of your state (only U.S. law)?
She shaould contact CPS if she susspects abuse.
 

SirAthos

Junior Member
NO SHE CANNOT FILM THE INSIDE OF SOMEONE ELSE'S HOUSE WITHOUT THEIR PERMISSION.

Yes I am shouting but she could get in major legal trouble if she attempted any such thing. She has no right to place a camera in someone else's residence. Which is what this house is.
Thank you for answering. Don't worry about shouting; this topic is so serious, it absolutely needs to be handled properly.

Is it considered someone else's residence even though she owns the house and there is no renting/leasing/etc contract?

The reason she wants to get evidence before contacting CPS is because their investigation has to include steps such as visiting the home and talking to the child and to the parents - which alerts the (potential) abuser and is likely to prevent getting any solid proof.
We have heard of a case where CPS went to a child's dad (the reported abuser) and plainly asked him if he abused his child. Of course he said no, and then moved away the following day - and is still at large.
 

seniorjudge

Senior Member
Q: Is it considered someone else's residence even though she owns the house and there is no renting/leasing/etc contract?

A: Yes.
 

SirAthos

Junior Member
Let's change the angle of the question a little.

What are the minimum requirements (if at all possible) for video surveillance to be legal in this case?
(e.g. get the child's mother to consent, etc)
 

Ozark_Sophist

Senior Member
Let's change the angle of the question a little.

What are the minimum requirements (if at all possible) for video surveillance to be legal in this case?
(e.g. get the child's mother to consent, etc)
So now you are thinking "nanny cam"? That is better than where you started.

A case from Houston:
Caught On Tape;Nanny Accused Of Hitting Baby. - Truveo Video Search

But the law says:
Definition of Improper Photography or Visual Recording - Texas Penal Code Section 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 visually records another:

(A) without the other person's consent; and

(B) with intent to arouse or gratify the sexual desire of any person; or

(2) knowing the character and content of the photograph or recording, promotes a photograph or visual recording described by Subdivision (1).

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.
 
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Ohiogal

Queen Bee
Let's change the angle of the question a little.

What are the minimum requirements (if at all possible) for video surveillance to be legal in this case?
(e.g. get the child's mother to consent, etc)
Permission of all the residents of the house.
 

SirAthos

Junior Member
And just why are you posting instead of the "friend?"
It's funny how in most posts with a sensitive nature, eventually somebody comes along, not to contribute, but only to question the OP's motives.
I was wondering when such a person would show up here as well. :rolleyes:

Since everybody else here has been friendly and helpful however (thank you!), I'll answer.

My friend is neither computer savvy (computers and easy Internet access surfaced after her thirst for learning had been replaced by daily work routine), nor educated enough to be able to properly express herself in writing. For these two reasons, she wouldn't think of posting a question on any forum, let alone one of such delicate nature.
Therefore, I am posting instead, because I'm comfortable with this means of communication, and because by doing this, I think I can help guide her to the proper path of action.
 

SirAthos

Junior Member
Try again...

Hello again, everybody.

Let's make another attempt at finding something legal for establishing evidence.

1. What if the friend comes in ("busts in") as the abuse is happening? Would that constitute trespassing (even though she owns the house)?

2. If she has a video camera which is clearly visible as she comes in, would that be legal?

3. What about DNA testing if there are any... fluids left behind? Does the doctor need a parent's consent to test?
 

LdiJ

Senior Member
Hello again, everybody.

Let's make another attempt at finding something legal for establishing evidence.

1. What if the friend comes in ("busts in") as the abuse is happening? Would that constitute trespassing (even though she owns the house)?
That would be questionable. Despite the lack of contact she has obviously allowed them to become the "residents" of the home. They are entitled to privacy.

2. If she has a video camera which is clearly visible as she comes in, would that be legal?
Again, that would be highly questionable.

3. What about DNA testing if there are any... fluids left behind? Does the doctor need a parent's consent to test?
Of course a doctor needs parental consent to treat a child...particularly something that invasive.

What evidence is available that this is something that is potentially going on?
 

SirAthos

Junior Member
That would be questionable. Despite the lack of contact she has obviously allowed them to become the "residents" of the home. They are entitled to privacy.
So then, no picture taking either?

What else is left?

What evidence is available that this is something that is potentially going on?
The primary evidence is the child complaining to her grandmother (my friend) that her daddy hurt her "down there", at a time when the child's mother was at work.
There are no other details though, the child's body didn't have bruises, and the mother is in complete denial, refusing to even investigate - so there is likely need for more evidence that anything is happening, and that needs to be done before he decides to move somewhere with his family where nobody cares what he is doing.
 

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