Water splashing on neighbor's fence

[dequeendistress]

2] TX HB 1040

1-6 SECTION 1. Chapter 21, Penal Code, is amended by adding
1-7 Section 21.15 to read as follows:
1-8 Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a)
1-9 A person commits an offense if the person photographs or by
1-10 videotape or other electronic means visually records another person
1-11 who is at a location where the other person has a reasonable
1-12 expectation of privacy and the photograph is taken or the recording
1-13 is made without the other person's consent.
1-14 (b) It is an affirmative defense to prosecution under this
1-15 section that the photograph is taken or the visual recording is
1-16 made:
1-17 (1) by correctional facility personnel for security
1-18 purposes or during an investigation of alleged misconduct by a
1-19 person in the custody of the correctional facility;
1-20 (2) for security purposes where notice of the use of
1-21 photography or visual recording is clearly posted at the location
1-22 described by Subsection (a); or
1-23 (3) by a law enforcement officer in connection with an
1-24 otherwise lawful investigation.

 

[newguy2000]

dequeendistress, thanks for the information. I am just pondering about the surveilence camera. Assuming I do install it, I will only install it overlooking MY property. Would that still violate the law?

Regarding the sharp object incident, like I said too late. Assuming I did photograph that incident, he was on my property as he was pointing the sharp object. Would I still violate the law you just posted if I photograph him. It is nice to know about these things. I don't want to violate any law.

I also have another question. He is having people installing his new fence today. The fence people lay a bunch their equipments and have dirt scatter on my lawn (the side bordering my neighbor). I certainly don't want to be petty like my neighbor by giving the fence people a hard time and telling them to move. But I should have the right to ask them to clean up after themselves when they are done, right? I don't like to see my lawn in a mess after he is done.

I consider myself to be fairly tolerant of many things, but when push comes to shove, I will defend myself.

As long as you guys keep the replies coming, I will keep you guys updated
That is assuming you guys are not tire of this yet

 

[Happy Trails]

QUOTE:
"But I should have the right to ask them to clean up after themselves when they are done, right?"

**Absolutely.

 

[rmet4nzkx]

It is legal, it is not legal if he has reason to think it is private, so outside in the open is public, you can record without his consent, he has no defense if he is breaking the law and that is caught on tape.

When the fence people are done they should clean up their mess on your property.

 

[dequeendistress]

As long as you are recording on a surveillance camera and not in a private area you are within the law. So, to me, this means: The security camera should be in a fixed position and recording within the confines of your area. In other words, don't run around wearing a helmet cam at the back of the fence and tape him in his back yard. You should also post that the premises is under camera surveillance.

I dont know what rmet meant by as long as he is doing something illegal it is ok to tape him, that statement is not completely true.

I mean if I were naked in my home doing a line of coke near a sliding glass door with the blinds open and you tape me from your yard, you are invading my privacy.

Also if you are within a HOA you may request their recommendation as to video taping.

By the way you do NOT have to have a picture, video or audio tape of the guy threatening you with or without the shears, an officer still can take a report of the act. Repeated acts can result in a TRO (and/or criminal charges) if you file for one, he of course can answer to the judge that your water sprinkler was threatening him as his defense.