Invasive Visual Recording is classified as which level of offense?

• A. Class C Misdemeanor
• B. Class B Misdemeanor
• C. State Jail Felony
• D. State Jail Felony

Answer: (C)

The level of offense is determined by how Texas law ranks penalties for privacy‑violating acts. Invasive Visual Recording is treated as a state jail felony, meaning it’s more serious than a misdemeanor but not a full-blown felony. This classification reflects the harm to personal privacy involved when someone secretly records or transmits images of another in a private setting or in a situation where there is a reasonable expectation of privacy, with intent to arouse or gratify sexual desires or to harm. Punishment typically ranges from 180 days to 2 years in a state jail, with potential fines up to $10,000.

So, while it isn’t a Class C or Class B misdemeanor, and it isn’t a traditional felony category like a true felony, the statute elevates it to a state jail felony to address the notable privacy invasion and potential harm involved.